Fraser, in the matter of Logan Estates Pty Limited (ACN 009 660 986) v Logan Estates Pty Limited (ACN 009 660 986) [2008] FCA 1782

Fraser, in the matter of Logan Estates Pty Limited (ACN 009 660 986) v Logan Estates Pty Limited (ACN 009 660 986) [2008] FCA 1782

The plaintiff is not entitled to further particulars on the three areas sought, as the defence does not plead the specifics requested, the relevant facts are already admitted or available, and claims regarding pre-shareholding transactions do not entitle further challenges beyond the pleaded case.

Parties
Plaintiff: Robert Martin Fraser; First Defendant: Logan Estates Pty Limited (ACN 009 660 986); Second Defendant: Mundoolun Pty Limited (ACN 009 673 312); Third Defendant: Benclass Pty Ltd (ACN 084 211 263); Fourth Defendant: Alexander Duncan Fraser; Fifth Defendant: Simon Martin Fraser; Sixth Defendant: Michael William Fraser; Seventh Defendant: Douglas Ross Fraser
Jurisdiction
Australia
Judgment Date
12 September 2008
Procedural Posture
Application for Winding Up and Acquisition of Shares Due to Oppression / Ruling on Notice of Motion for Particulars
Outcome
Notice of motion dismissed; plaintiff to pay defendants' costs of the motion.
Legal Topics
Oppression Remedy, Particulars of Pleadings, Corporate Governance
Corporations Law Oppression Remedy Particulars of Pleadings Corporate Governance

Case Brief

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Parties

Robert Martin Fraser

Plaintiff

Logan Estates Pty Limited (ACN 009 660 986)

First Defendant

Mundoolun Pty Limited (ACN 009 673 312)

Second Defendant

Benclass Pty Ltd (ACN 084 211 263)

Third Defendant

Alexander Duncan Fraser

Fourth Defendant

Simon Martin Fraser

Fifth Defendant

Michael William Fraser

Sixth Defendant

Douglas Ross Fraser

Seventh Defendant

Procedural Posture

Application for Winding Up and Acquisition of Shares Due to Oppression / Ruling on Notice of Motion for Particulars

Legal Issues

  1. 1 Whether the defendants are required to provide further particulars relating to alleged oppressive conduct in company affairs
  2. 2 Whether further particulars of payments, sand mining royalty distribution, and a service fee entry must be provided to the plaintiff

Ratio Decidendi

The plaintiff is not entitled to further particulars on the three areas sought, as the defence does not plead the specifics requested, the relevant facts are already admitted or available, and claims regarding pre-shareholding transactions do not entitle further challenges beyond the pleaded case.

Court Disposition

Notice of motion dismissed; plaintiff to pay defendants' costs of the motion.

Orders

  • The notice of motion filed 22 August 2008 be dismissed.
  • The plaintiff pay the defendants' costs of the motion.