RE PURE NATURE SYDNEY PTY LTD [2018] NSWSC 914

Running head: RE PURE NATURE SYDNEY PTY LTD [2018] NSWSC 914
RE PURE NATURE SYDNEY PTY LTD [2018] NSWSC 914
Name of the Student
Name of the University
Author Note

RE PURE NATURE SYDNEY PTY LTD [2018] NSWSC 914
1
Issue
The primary issue in this case is which party committed oppressive acts against the other
party and whether one party can purchase the shares of the other party.
Rules
Section 232 of the Corporations Act (2001) (Cth) states that a court shall pass an order
when the following situation takes place. When the demeanor of the businesses of an
organization, or when any action or evasion of action done by the organization itself or done by
any individual or an association on behalf of the organization, or any resolution upheld by the
members of the organization is contradictory and oppressive. The above-mentioned situations
shall be contradictory to the interests of the members of the organization. It shall be oppressive
and discriminatory towards the members or any shareholder of the organization.
According to section 233 of the above-mentioned Act, the court may pass an order in
relation to the organization as it thinks fit. This may include the order to wind up, order to alter
the constitution of the organization, order regarding the management of the business of the
organization. It also includes order regarding future prospects of the company, the purchase and
sale of shares of the company and empowering a member of the company to do or not do any
specific act.
The provision of section 461 of the Act states that a court may pass an order of winding
up if oppressive acts are being committed in an organization against any member or shareholder
of the organization.