Full Court Minute Books

Case M203/2018

Connective Services Pty Ltd  & Anor v. Slea Pty Ltd & Ors

Case No.

M203/2018

Case Information

Lower Court Judgment

27/07/2018 Supreme Court of Victoria (Court of Appeal) (Ferguson CJ, Whelan & McLeish JJA)

[2018] VSCA 180

Catchwords

Corporations – Financial assistance to acquire shares – Corporations Act 2001 (Cth) s 260A – Where appellants’ constitutions require member who wishes to transfer shares of particular class to first offer shares to existing holders of that class (“pre-emptive rights provisions”) – Where appellants commenced proceeding alleging first and second respondents entered into agreement to avoid pre-emptive rights provisions – Where primary judge held proceeding not instituted in breach of s 260A – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in holding appellants’ conduct capable of amounting to financial assistance to acquire shares within meaning of s 260A – Whether Court of Appeal erred in concluding open to primary judge to characterise appellants’ conduct as net transfer of value to appellants’ shareholders – Whether Court of Appeal erred in concluding open to primary judge to characterise conduct as capable of materially prejudicing interests of appellants and/or shareholders or creditors – Whether Court of Appeal erred in concluding financial assistance directed to enabling appellants’ shareholders to acquire shares. 

Documents

14/12/2018 Hearing (SLA, Sydney v/link Melbourne)

21/12/2018 Notice of appeal

01/02/2019 Written submissions (Appellants)

01/02/2019 Chronology (Appellants)

01/03/2019 Written submissions (First and Second Respondents)

22/03/2019 Reply (Appellants)

*The due dates shown for documents on this page are indicative only.