Tawfik v Bill [2010] NSWSC 1034
No power of the court has been identified to compel parties to supplement or vary their consensual agreement with respect to expert instructions for the purpose of valuation under the consent orders in these oppression proceedings. The sought order to jointly instruct the valuer must be refused.
- Jurisdiction
- Australia
- Judgment Date
- 14 September 2010
- Procedural Posture
- Oppression Proceedings (shareholders) / Interlocutory Application for Variation of Expert Instructions
- Outcome
- Application dismissed
- Legal Topics
- ['oppression Remedies' 'consent Orders' "court's Power to Modify Agreements" 'expert Valuation' 'directions Under Civil Procedure Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Oppression Proceedings (shareholders) / Interlocutory Application for Variation of Expert Instructions
Legal Issues
- 1 ['Whether the court has power to compel parties to vary or supplement agreed instructions to an expert appointed for valuation under a consent order in oppression proceedings' "Whether s 61 of the Civil Procedure Act 2005 or other cited legislation provides power to modify parties' agreement in these circumstances"]
Ratio Decidendi
No power of the court has been identified to compel parties to supplement or vary their consensual agreement with respect to expert instructions for the purpose of valuation under the consent orders in these oppression proceedings. The sought order to jointly instruct the valuer must be refused.
Court Disposition
Application dismissed
Orders
- ['Order that the claim in item 1 of the interlocutory process filed on 19 July 2010 be dismissed.']
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