Groves Pty Ltd is a company formed to run the family business of Percy and Sigrid Groover and for family members to be employed in the business. The family business involves operating a caravan park on the Sunshine Coast. The business has been very successful over a number of years and remains profitable. Percy and Sigrid each own 40% of the shares in Groves Pty Ltd and are the only directors. The other 20% of the shares in the company are owned by their adult son, Jet. Jet has graduated with a degree in business and is anxious to make his fortune. He has for several years been concerned at the way the company is being run. He has had several arguments with them and now has stopped talking to them. He has pleaded with Percy and Sigrid to sell the land on which the caravan park is operated which is now valuable and is sought after by developers. Jet has complained that the company is not paying dividends as it has been company policy to re-invest the profits in the company.

1. Advise Jet as to his prospects of obtaining a remedy based on an action under section 232. 
2. Jet’s involvement in the business has become increasing hostile and disruptive. He frequently harasses Percy and Sigrid, demanding that they run the company in line with his wishes. Due to Jet’s behaviour, neither Percy or Sigrid will accept a phone call from Percy or respond to his emails. Percy believes this is a breach of director’s duties and wishes to take a statutory derivative action on behalf of Groves Pty Ltd. Advise Jet as to the likelihood of the course granting leave to bring such an action.

Answer rating: 100% (QA)

The question is whether Jet will be granted a remedy under Section 232 of the Companies Act Law According to section 232 of the Act oppressive behavior occurs when a the management of a corporations a... View the full answer