Question
John is a non-executive director of BBB Ltd and holds 15% of the shares in the company. 80% of the shares are owned by Graham
John is a non-executive director of BBB Ltd and holds 15% of the shares in the company. 80% of the shares are owned by Graham who is also the managing director. Recently, at a Board Meeting Graham and John had a disagreement and Graham informs John that he is no longer welcome to attend any Board Meetings and that he is currently writing a proposed resolution for consideration at the next Board Meeting that the Company buy back all of Johns shares at AUD5.00 per share. John paid AUD15.00 for the shares 12 months ago.
Required Advise John as to the following:
a. Does John have any statutory remedies as a minority shareholder?
b. What general law remedies does John have as a minority shareholder?
c. What advantages do the statutory remedies have over the general law remedies for minority shareholders?
Illustrate your advice by reference to Australian legislation and case law. DO NOT refer to Hong Kong law.
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