Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26:
1. By Originating Process filed on 1 November 2024 the Plaintiff, Mr E Kim, seeks relief under ss 232 - 233 and aspects of s 461 of the Corporations Act 2001 (Cth) ("Act") against the Defendants, Mr D Kim and Ginzaparramatta Pty Ltd ("Company").
2. I pause to note that that Originating Process has an essential assumption, at least in respect of the oppression claim, namely that Mr E Kim is registered as a shareholder of the Company so as to be a member of the company and have standing to bring that claim. Section 234 of the Act relevantly provides that an application for an order under s 233 of the Act may be made by a member...