Denis Cassegrain & Ors v Gerard Cassegrain & Co. Pty Ltd & Ors (Final Orders) [2012] NSWSC 834

Denis Cassegrain & Ors v Gerard Cassegrain & Co. Pty Ltd & Ors (Final Orders) [2012] NSWSC 834

Final orders include declarations of breaches of fiduciary duty, winding up of GCC due to oppressive conduct, and inquiry as to equitable compensation, with compensation under s 1317H Corporations Act to be assessed as at the date of the order, not contravention.

Jurisdiction
Australia
Judgment Date
24 July 2012
Procedural Posture
Corporations Equity Proceeding / Final Orders After Judgment
Outcome
Orders made as per Short Minutes initialled by the Judge, including declarations, winding up, inquiry into compensation, and costs on a party/party basis.
Legal Topics
['fiduciary Duty' 'equitable Compensation' 'oppressive Conduct' 'winding Up' 'assessment of Damage Under S 1317 H Corporations Act']
['corporations Law' 'equity'] ['fiduciary Duty' 'equitable Compensation' 'oppressive Conduct' 'winding Up' 'assessment of Damage Under S 1317 H Corporations Act']

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Procedural Posture

Corporations Equity Proceeding / Final Orders After Judgment

Legal Issues

  1. 1 ['Whether to declare breaches of fiduciary duty by defendants' 'Whether to order winding up of GCC or re-transfer of shares' 'How to assess and quantify equitable compensation and compensation under s 1317H Corporations Act 2001' "Date at which 'damage' is to be assessed under s 1317H" 'Appropriate order as to costs']

Ratio Decidendi

Final orders include declarations of breaches of fiduciary duty, winding up of GCC due to oppressive conduct, and inquiry as to equitable compensation, with compensation under s 1317H Corporations Act to be assessed as at the date of the order, not contravention.

Court Disposition

Orders made as per Short Minutes initialled by the Judge, including declarations, winding up, inquiry into compensation, and costs on a party/party basis.

Orders

  • ['Declarations of breach of fiduciary duty' 'Order that GCC be wound up' 'Order for inquiry as to amount of equitable compensation against Claude Cassegrain, Felicity Cassegrain, and Anthony Sarks' 'Order for compensation under s 1317H Corporations Act, excluding Felicity Cassegrain, with assessment to have regard...