Question
Phlemings Ltdwas a late arrival in the fiercely competitive grocery retail businessin New South Wales.It is a minor player compared to the giant outlets that
Phlemings Ltdwas a late arrival in the fiercely competitive grocery retail businessin New South Wales.It is a minor player compared to the giant outlets that dominate shopping basket sales in NSW.Despite this, it has been consistently opening new stores and has made inroads in the marketplace.It has an open share registerthat includes blue chip corporate investors and individuals. The corporate and individual investors are a varied group but all financially well-off.
James Enterprises Pty Ltd is a well-known corporate entity in business circles and it has a solid 12% of Phlemings Ltd shares. It is a holding company that has built up an impressive portfolio in numerous businesses.
Phlemings Ltd's individual shareholders include a retired politician called Neil Grainer, Kevin Smith (a partner in a corporate firm of solicitors), and Jo King (a businesswoman with stakes in a range of companies).
Alan James is the majority shareholder and director of the family corporation James Enterprises Pty Ltd.Alan James is a well-known business identity. He inherited his wealth but he has built on the family fortune. He diversified into a range of new businesses and his bets paid off.His family are always somewhere on any rich list. He is an influential force in Phlemings Ltd and in recognition of this fact he is a non-executive director and Chairman of the Board of Directors. Alan James has always surrounded himself with talent and often headhunted top management figures. In line with this trend, Phillip Owen was appointed Chief Executive Officer of Phlemings Ltd at the behest of Alan James.
Kevin Smith and Jo King have a string of non-executive directorships, including Phlemings Ltd.
James Enterprises Pty Ltd are a conglomerate and they are big players in the trucking business.Sun Trail Pty Ltd is a wholly owned subsidiary of James Enterprises Pty Ltd.They are the major trucking and transport carrier for Phlemings Ltd.The contract is worth millions.
Georgia Skyes is a busy and wealthy businesswoman. She likes to takes stakes in competitors businesses. She is a shareholder of Phlemings Ltd, whilst being the majority shareholder of Safe and Sound Pty Ltd, another company engaged in trucking business.She hates losing and is still recovering from putting in an unsuccessful tender to provide transport for Phlemings Ltd. She is a bitter loser and is known around the city for her barbs about how Safe and Sound Pty Ltd had the lowest tender but lost out. Shehas been murmuring about taking the matter further.Her discussions with the Chief Executive Officer and Chairman of the Board of Directors at Phlemings went nowhere.
Georgia seeks your advice on whether she should take the matter further or simply sell her shares in Phlemings. She asks you whether the there are any relevant provisions in the Corporations Act and case law that may assist her, but at the same time swears she will get off the Phlemings register the next time the share price lifts.
Advise Georgia about her options against any of the individuals involved in Phlemings and explain the outcomes of any actions bearing in mind her standing and the structure of the relevant duties.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started