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leave the company. Time left 2:07:23 The Zolts intend to hold their next Board meeting without informing Paxton of the time and location. Paxton receives
leave the company. Time left 2:07:23 The Zolts intend to hold their next Board meeting without informing Paxton of the time and location. Paxton receives complaints from employees that they have not been paid since October 2021 (Mr Zolt is in charge of Accounts at the company). Paxton also discovers by chance that Mr Zolt had purchased a new vehicle using company funds during October 2021. Paxton wishes to take some legal action on behalf of the company to stop the wrongful actions of Mr Zolt. Question: What remedies are available to Paxton in his capacity as member? Comment on the likely chances of success. Make sure you use I.R.A.C. to structure your answer and make reference to the relevant sections from the Corporations Act 2001 (Cth) and case law (25 marks). Av B SS U S X 2 x 2 Answer- oneStun Faster Pty Ltd is a small company owned by 3 individuals - Mr Zolt, Mrs Zolt, and Paxton. These 3 individuals are also the company's directors. Stun Faster Pty Ltd is in the business of health food promotions and marketing. It was founded in 2001 by Mr and Mrs Zolt and it now has over 20 employees on its books. Paxton joined the company as a member and director in 2009 after Mr and Mrs Zolt were impressed with Paxton's efforts as a new employee during 2008. Paxton has always got on well with Mr and Mrs Zolt however during 2021, the relationship between Paxton and the Zolts becomes acrimonious. In Dec 2021, the following events occur. During a Board meeting, Mr and Mrs Zolt decide against paying dividends. The company has paid dividends every year since 2009. Paxton was relying on the Dec dividend to help pay off his . mortgage and so he is very disappointed. The Zolts also refuse to pay Paxton a performance bonus (for his work as director) despite the fact that Paxton has met the criterion under the company constitution for reward of this bonus. The Zolts refuse to give Paxton access to company financial records, the member's register nor the option holder's register. They refuse to buy Paxton's shares when he suggests he should leave the company. O e
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