Commonwealth Consolidated Acts

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Grounds for Court order

    The Court may make an order under section   233 if:

  (a)   the conduct of a company's affairs; or

  (b)   an actual or proposed act or omission by or on behalf of a company; or

  (c)   a resolution, or a proposed resolution, of members or a class of members of a company;

is either:

  (d)   contrary to the interests of the members as a whole; or

  (e)   oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.

For the purposes of this Part, a person to whom a share in the company has been transmitted by will or by operation of law is taken to be a member of the company.

Note 1:   For affairs , see sections   53 and 53AAA.

Note 2:   The effect of paragraph   (d) is extended in relation to a sub - fund of a CCIV: see section   1227F.

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