Corporations Act 2001

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES  

PART 2F.1 - OPPRESSIVE CONDUCT OF AFFAIRS  

SECTION 232  

232   GROUNDS FOR COURT ORDER  
The Court may make an order under section 233 if:

(a)    the conduct of a company ' s affairs; or

(b)    an actual or proposed act or omission by or on behalf of a company; or

(c)    a resolution, or a proposed resolution, of members or a class of members of a company;

is either:

(d)    contrary to the interests of the members as a whole; or

(e)    oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.

For the purposes of this Part, a person to whom a share in the company has been transmitted by will or by operation of law is taken to be a member of the company.

Note 1: For affairs , see sections 53 and 53AAA .

Note 2: The effect of paragraph (d) is extended in relation to a sub-fund of a CCIV: see section 1227F .