Hylepin Pty Ltd v Doshay Pty Ltd [2021] FCAFC 201 (19 November 2021) (Markovic, Banks-Smith and Anderson JJ)


Catchwords:


CORPORATIONS – fiduciary duties – where first respondent invested in various companies with property and business interests – where appellant a shareholder of first respondent – whether duties of director of first respondent conflicted with personal interests – where contributions of share and debt capital varied for different impugned transactions – whether interests aligned – whether real or substantial possibility of conflict

CORPORATIONS – members – oppression – whether conduct in effecting share transfer under mistaken apprehension oppressive – whether declaration confirming position at law as to shareholding sufficient relief – whether conduct said to amount to breach of fiduciary duty also oppressive – whether impugned transactions that do not separately constitute oppressive conduct were oppressive when considered collectively