Life & Health Company Pty Ltd (LHC) was established in Margaret River, Western Australia. George Gardner...
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Life & Health Company Pty Ltd (LHC) was established in Margaret River, Western Australia. George Gardner is the founding managing director (MD) and a major shareholder in the company with 76% ownership of the shares with two other directors Julie and Lee each holding 12% of the remaining issued shares. In January 2022, George Gardner proposed in the board meeting that LHC should expand its business overseas because there is a high demand of clean, green, and authentic Australian health products in the Asian markets. George Gardner discussed the business prospect of his future expansion plan without providing a market financial study to support his claims. Page 2 of 3 The decision was supported by Julie, but Lee advised that the business expansion would fail because there is not enough understanding of Asian market and local culture. A second board meeting took place to discuss the matter and Lee did not receive any notice to attend the meeting in which a resolution was issued to modify the company's constitution with the remaining shareholders (George and Julie) and go ahead with expanding the business activities to Asia. Lee was extremely unhappy about the decision and complains to the board which takes no action in relation to the matter. Semester 1, 2023- BLAW2006 Company Law for Business In the next 6-12 months, the business faced major financial difficulties and was not able to pa its secured creditors who want to appoint a receiver to pay their outstanding debts. Required Advise if Lee would be successful in filing a legal action for oppressive remedy and/ derivative action in accordance with the Corporations Act? Your answer should be support with reference to relevant case law. MONOHO CATHER B Life & Health Company Pty Ltd (LHC) was established in Margaret River, Western Australia. George Gardner is the founding managing director (MD) and a major shareholder in the company with 76% ownership of the shares with two other directors Julie and Lee each holding 12% of the remaining issued shares. In January 2022, George Gardner proposed in the board meeting that LHC should expand its business overseas because there is a high demand of clean, green, and authentic Australian health products in the Asian markets. George Gardner discussed the business prospect of his future expansion plan without providing a market financial study to support his claims. Page 2 of 3 The decision was supported by Julie, but Lee advised that the business expansion would fail because there is not enough understanding of Asian market and local culture. A second board meeting took place to discuss the matter and Lee did not receive any notice to attend the meeting in which a resolution was issued to modify the company's constitution with the remaining shareholders (George and Julie) and go ahead with expanding the business activities to Asia. Lee was extremely unhappy about the decision and complains to the board which takes no action in relation to the matter. Semester 1, 2023- BLAW2006 Company Law for Business In the next 6-12 months, the business faced major financial difficulties and was not able to pa its secured creditors who want to appoint a receiver to pay their outstanding debts. Required Advise if Lee would be successful in filing a legal action for oppressive remedy and/ derivative action in accordance with the Corporations Act? Your answer should be support with reference to relevant case law. MONOHO CATHER B
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Lees Potential Legal Actions Oppressive Remedy and Derivative Action Lee as a minority shareholder 12 might have grounds for legal action against LHC based on the scenario presented Heres an analysis ... View the full answer
Related Book For
Management Accounting
ISBN: 9780730369387
4th Edition
Authors: Leslie G. Eldenburg, Albie Brooks, Judy Oliver, Gillian Vesty, Rodney Dormer, Vijaya Murthy, Nick Pawsey
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