Part 2F.1 (ss 232-235) of the Corporations Act 2001 (Cth) provides a number of remedies where the affairs of a company are being conducted in an oppressive manner. Where oppressive conduct is made out, the Court may make any order that it considers appropriate including an order that the company be wound up. Those who may apply for an order from the Court in relation to a company are a member of the company and certain others.
In Rodda v Lifestyle Loans Vic Pty Ltd, the plaintiff commenced oppression proceedings alleging that he was a member of the company but his membership was disputed and his name did not appear on the company’s register of members. The Supreme Court of Victoria held that membership was a jurisdictional requirement and that membership contests needed to be resolved prior to, and separately from, oppression proceedings because such proceedings presupposed uncontested membership. Read about the case here.
