Question 1

You are working as a graduate adviser in a large financial institution. The senior partner Wei Lee requires your urgent research assistance.

Wei Lee is presenting at an industry forum at the end of the week on the subject The rights and remedies of shareholders.

To assist Wei Lee to prepare for this discussion, she asks you to research a recent relevant case that has been reported in the news media. Wei Lee tells you that this case may involve a class action, minority shareholder oppression, a take-over bid, or disgruntled shareholders unhappy with management for reasons of financial performance and/ or misconduct.

Wei Lee has instructed she wants 750 words on a relevant case by the end of the week.

Required

Research and discuss a current case (this means 2021 to the present), which relates to the rights and remedies of Australian shareholders.

In your response, analyse one or more of the following points:

• If it is a case of oppression, in your opinion does it appear to pass the reasonable test as set out in Wayde v NSW Rugby League Ltd (1985) 180 CLR 459?
• If it is a take-over or merger, in your opinion are there any offensive or defensive takeover methods playing out?
• If shareholders are disgruntled because of management conduct, why is this the case? What remedies are open to investors?

Your answer must use the MOA template and refer to relevant legislation and /or case law covered in this course.

Please, ensure you include a link to the case you are discussing.