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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1094
Remedy for refusal to register transfer or transmission
1094. (1) Where a relevant authority in relation to a company refuses or fails
to register, or refuses or fails to give its consent or approval to the
registration of, a transfer or transmission of shares in, debentures of, or an
interest made available by, the company, the transferee or transmittee may
apply to the Court for an order under this section.
(2) Where, on an application made under subsection (1), the Court is satisfied
that the refusal or failure was without just cause, the Court may:
(a) order that the transfer or transmission be registered; or
(b) make such other order as it thinks just and reasonable, including, in
the case of a transfer or transmission of shares, an order providing
for the purchase of the shares by a specified member of the company or
by the company and, in the case of a purchase by the company,
providing for the reduction accordingly of the capital of the company.
(3) In this section:
"relevant authority", in relation to a company, means:
(a) a person who has, 2 or more persons who together have, or a body that
has, authority to register a transfer or transmission of shares in,
debentures of, or interests made available by, the company; or
(b) a person, 2 or more persons, or a body, whose consent or approval is
required before a transfer or transmission of shares in, debentures
of, or interests made available by, the company is registered.
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