Sweeney v Glenmore Meat Co. P/L & Ors [2004] NSWSC 845

The Court did not accept the evidence of the cross-claimant regarding the making of an oral agreement, and found that the parties had by their conduct mutually abandoned the Deed of Pre-Emption; consequently, the cross-claim for the transfer of shares failed on all bases advanced.

Jurisdiction: Australia
Judgment Date: 08 September 2004
Procedural Posture: Cross Claim in Oppression Suit / Trial of Cross Claim Heard as Separate Issue
Outcome: Amended cross-claim dismissed
Legal Topics: ['oppression Remedy' 'shares Transfer' 'oral Agreements' 'enforcement of Shareholder Deeds']

['equity' 'corporations'] ['oppression Remedy' 'shares Transfer' 'oral Agreements' 'enforcement of Shareholder Deeds']

Case Brief

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Procedural Posture

Cross Claim in Oppression Suit / Trial of Cross Claim Heard as Separate Issue

Legal Issues

1 ['Whether there was an enforceable oral agreement for the transfer of shares after the death of a shareholder' 'Whether the Deed of Pre-Emption was abandoned, terminated, or varied by mutual agreement' 'Whether the cross-claimant is entitled to a transfer of shares in the circumstances']

Ratio Decidendi

Court Disposition

Amended cross-claim dismissed

Orders

['Amended cross-claim dismissed' "Cross-claimant to pay the cross-defendant's costs of the cross-claim" 'Exhibits to be returned after 28 days unless a notice of appeal or application for leave to appeal is filed']