Question 3 Case Scenario When it became clear that Amelia and Jane favoured profits over the need to honour the original purpose for which Fiercely Eco Pty Ltd was originally created, the relationship of trust broke down between Cybil and her two friends. The question you must answer for 6 marks: Discuss two grounds on which Cybil can apply for Fiercely Eco Pty Ltd to be wound up on just and equitable grounds. (Refer to Corporations Act s 461, the cases of Re Tivoli Freeholds Ltd Ebrahimi v Westbourne Galleries Ltd) See the Week 6 lecture slides

ANSWER STRUCTURE Question 3: Members Remedies Introduction: The issue to resolve here is to find two grounds on which Law: According to Corporations Act s 461.. (Explain the legal rule in this section, including an explanation of the just and equitable ground) Option 1: ________________ Law: According to Re Tivoli (Explain the legal rule in this case) Analysis: Here we are told that.. (Discuss why the company was first created.. discuss what it does now.. explain why Cybils first option to have the company wound up could be because..) Option 2: ________________ Law: According to Ebrahimi (Explain the legal rule in this case) Analysis: Here we are told that.. (Refer back to the case of Ebrahimi and discuss whether Cybil can make the same legal argument. Why do you think she can make the same argument? ) Conclusion: It is clear that Cybil (Use the words in the essay question to ensure you provide a clear and direct answer to the question being asked)