Full Court Minute Books

Case S56/2012

Beck v. Weinstock and Ors

Case No.


Related matter

S266/2012 - Weinstock & Ors v. Beck & Anor

Case Information

Lower Court Judgment

17/08/2011 Supreme Court of New South Wales (Court of Appeal) (Giles JA, Handley AJA, Young JA)

[2011] NSWCA 228


Corporations law — Redeemable preference shares — Validity of issue — Rights attaching to shares — Eight C class shares were allotted in the third respondent ("the Company") — No other shares in the Company over which the C class shares conferred any priority or preference were ever issued — Directors of the Company resolved to redeem the eight C class shares for a nominal amount — Whether other shares, over which preference is enjoyed, must exist for redeemable preference shares to be valid — Whether eight C class shares in the Company were redeemable preference shares for the purposes of the Corporations Act 2011 (Cth) notwithstanding that there were never any other shares issued in the Company by reference to which the C class shares conferred preference.

Short Particulars


10/02/2012 Hearing (SLA, Sydney)

24/02/2012 Notice of appeal

09/03/2012 Written submissions (Appellant)

09/03/2012 Chronology (Appellant)

30/03/2012 Written submissions (Respondent)

10/04/2012 Reply

21/06/2012 Hearing (Full Court, Canberra)

14/11/2012 Hearing (Full Court, Canberra)

15/11/2012 Hearing (Full Court, Canberra)

01/05/2013 Judgment (Judgment summary)