VIEW CASE

The List A Barristers that appeared in this case were Allan Myers AC QC and Geoff Kozminsky.

The case concerned a question about whether a company can contravene s 260A of the Corporations Act 2001 (Cth) (the implied prohibition on financial assistance) by prosecuting and funding a proceeding in its own name, which seeks to enforce a pre-emptive rights provision, claiming relief which directly or indirectly has the objective of compelling one shareholder to offer its shares in the company to the other shareholders so that an acquisition of those shares may proceed. The case is the subject of appeal to the High Court.

Special leave granted ([2018] HCATrans 263).

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