Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p74
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 182461–185051

been made by a person who is an inspector for the purposes of those provisions,
application may be made to the Court by the Commission—
     (c) if the corporation the subject of the report was incorporated or deemed to be incorporated under this Act or any corresponding previous law of the Territory—for the winding up of the corporation; or
     (d) if the corporation the subject of the report is a body to which Division 6 of Part XII applies—for the winding up of the corporation in accordance with that Division.".

Remedy in cases of oppression or injustice
89. Section 320 of the Principal Act is amended by omitting sub-sections (1), (2), (3) and (4) and substituting the following sub-sections:
"(1) An application to the Court for an order under this section in relation to a company may be made—
     (a) by a member who believes—
          (i) that affairs of the company are being conducted in a manner that is oppressive or unfairly prejudicial to, or unfairly

          discriminatory against, a member or members, or in a manner that is contrary to the interests of the members as a whole; or
          (ii) that an act or omission, or a proposed act or omission, by or on behalf of the company, or a resolution, or a proposed resolution, of a class of members, was or would be oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member or members or was or would be contrary to the interests of the members as a whole; or
     (b) by the Commission, in a case where—
          (i) the Commission has received a report by an inspector under Part VII or under the provisions of a law of a participating State or participating Territory that correspond with that Part; or
          (ii) the Commission has made a report, under Part VII or under the provisions of a law of a participating State or participating Territory that correspond with that Part, to the relevant authority within the meaning of that Part or of those provisions, as the case may be.
"(2) If the Court is of the opinion—
     (a) that affairs of a company are being conducted in a manner that is oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member or members (in this section referred to as the 'oppressed member or members') or in a manner that is contrary to the interests of the members as a whole; or
     (b) that an act or omission, or a proposed act or omission, by or on behalf of a company, or a resolution, or a proposed resolution, of a class of members of a company, was or would be oppressive or unfairly prejudicial to, or unfairly