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11. Read the Gambotto v WCP Ltd (1995) 132 CLR 432 case extract in the eLearning readings for this week, then answer these questions: -

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11. Read the Gambotto v WCP Ltd (1995) 132 CLR 432 case extract in the eLearning readings for this week, then answer these questions: - What were the facts of this case? - Which court decided this case? - What was the decision? - What was the reason for the court's decision? - What is the legal principle in this case to be applied in future cases similar to Gambotto? 12. Alouette, Bernice and Candy are the directors of Austral Ltd. Fred and Greg are registered shareholders and together hold approximately 20 per cent of the company's shares. lGiver the last ve years, Fred and Greg have continually brought frivolous and vexatious lawsuits against the company, the directors and each other. The company, as a result, has been hindered in its management and the price of its shares has been declining. The company's constitution was altered by special resolution of the company in general meeting, largely at the instigation of Alouette, Bemtce and Candy. The constitution now gives the current directors of the company the power to compulsorily acquire the shares of any member at a fair price. Alouette, Bernice and Candy have informed Fred and Greg that they intend to exercise this power to acquire Fred and Greg's shares. Using the legal principle from Gambotto, provide advice to Fred and Greg as to whether they could argue that the alteration made to the company's constitution in this case is invalid. In your answer, ensure that you identify the relevant legal principle and state the appropriate legal authority develop an argument based on an application of this principle to the facts of the case identify any opposing arguments form an opinion as to the likelihood of success of Fred and Greg's case

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