COMPANY LAW: Oppression

6 cases · February 2025 to June 2026

Case Volume by Year

3
25
3
26
2025–2026

Key Issues & Sub-Topics

Minority shareholder — Family company — Breakdown of marriage — Notices issued restricting management participation of minority shareholder — Unilateral decision to cease accepting new business and wind down profitable company — Whether company operated as quasi-partnership — Whether minority shareholder had legitimate expectation to participate in management — Whether conduct oppressive and in disregard of minority shareholder's interests — section 346, Companies Act 2016 1 Minority shareholders — s.346 Companies Act 2016 — Family companies — Alleged acts and conduct amounting to oppression — Exclusion from management, removal as directors, denial of financial information, dilution of control and unfair succession planning — Whether companies operated as a quasi-type partnership — Whether the Plaintiffs had legitimate expectation to participate in management — No evidence of joint management, shared risks or agreement — Longstanding directorship insufficient — No oppression 1 Minority oppression — Section 346 of the Companies Act 2016 — Removal of Plaintiff as director — Constitution of the Company — Whether there is a right in equity for Plaintiff to remain as director — Quasi-partnership — No provision in the constitution for permanent representation on the Board — Claims of mismanagement by the Defendants leading to financial deterioration — Whether an oppression action is proper recourse — Oppression action dismissed 1 Acts and conducts amounting to oppression — Oppression claim under s.346 of the Companies Act 2016 — The Plaintiff, as 30% minority shareholder, claims oppressive conduct that excluded him from management — Whether the nature of relationship between the Plaintiff and 2nd Defendant is a quasi-partnership — Whether the Plaintiff had legitimate expectation to participate in management — Whether 2nd Defendant’s actions leading to the Company’s failure to purchase property amounted to oppression — unclean hands — No finding of oppression under s.346 of the Companies Act 2016 1 Plaintiff claimed 1st defendant exercised powers in a manner oppressive to plaintiff — Whether there was quasi-partnership relationship — Whether plaintiff was excluded from management — Whether 2nd defendant was mismanaged — Whether 1st defendant failed to provide fair exit option to plaintiff — Whether there was oppression — Companies Act 2016, s. 346 1 Remedy in cases of oppression under Section 346 of Companies Act 2016 — Affairs of company conducted in manner oppressive to members — Unfair discrimination against shareholders — Whether passing of resolutions without proper authority constitutes oppressive conduct — Whether exercise of casting vote in written resolutions valid under company's constitution — Whether breakdown in relationship between equal shareholders justifies relief — Whether buyout order appropriate remedy where oppression established — Application of 'visible departure from standards of fair dealing' test — Whether corporate wrongs distinguishable from oppression — Whether deadlock between equal shareholders grounds for judicial intervention 1

Minority shareholder — Family company — Breakdown of marriage — Notices issued restricting management participation of minority shareholder — Unilateral decision to cease accepting new business and wind down profitable company — Whether company operated as quasi-partnership — Whether minority shareholder had legitimate expectation to participate in management — Whether conduct oppressive and in disregard of minority shareholder's interests — section 346, Companies Act 2016 1 case

Minority shareholders — s.346 Companies Act 2016 — Family companies — Alleged acts and conduct amounting to oppression — Exclusion from management, removal as directors, denial of financial information, dilution of control and unfair succession planning — Whether companies operated as a quasi-type partnership — Whether the Plaintiffs had legitimate expectation to participate in management — No evidence of joint management, shared risks or agreement — Longstanding directorship insufficient — No oppression 1 case

Minority oppression — Section 346 of the Companies Act 2016 — Removal of Plaintiff as director — Constitution of the Company — Whether there is a right in equity for Plaintiff to remain as director — Quasi-partnership — No provision in the constitution for permanent representation on the Board — Claims of mismanagement by the Defendants leading to financial deterioration — Whether an oppression action is proper recourse — Oppression action dismissed 1 case

Acts and conducts amounting to oppression — Oppression claim under s.346 of the Companies Act 2016 — The Plaintiff, as 30% minority shareholder, claims oppressive conduct that excluded him from management — Whether the nature of relationship between the Plaintiff and 2nd Defendant is a quasi-partnership — Whether the Plaintiff had legitimate expectation to participate in management — Whether 2nd Defendant’s actions leading to the Company’s failure to purchase property amounted to oppression — unclean hands — No finding of oppression under s.346 of the Companies Act 2016 1 case

Plaintiff claimed 1st defendant exercised powers in a manner oppressive to plaintiff — Whether there was quasi-partnership relationship — Whether plaintiff was excluded from management — Whether 2nd defendant was mismanaged — Whether 1st defendant failed to provide fair exit option to plaintiff — Whether there was oppression — Companies Act 2016, s. 346 1 case

Remedy in cases of oppression under Section 346 of Companies Act 2016 — Affairs of company conducted in manner oppressive to members — Unfair discrimination against shareholders — Whether passing of resolutions without proper authority constitutes oppressive conduct — Whether exercise of casting vote in written resolutions valid under company's constitution — Whether breakdown in relationship between equal shareholders justifies relief — Whether buyout order appropriate remedy where oppression established — Application of 'visible departure from standards of fair dealing' test — Whether corporate wrongs distinguishable from oppression — Whether deadlock between equal shareholders grounds for judicial intervention 1 case

Key Statutes

cited in 6 cases
Rules of Court 2012
cited in 1 case

Court Distribution

Key People & Firms

Cases