Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Questions Advise Alice of any statutory rights she may pursue as a minority member of Raider INC Ltd. against the company. a) Identify any relevant

Questions Advise Alice of any statutory rights she may pursue as a minority member of Raider INC Ltd. against the company. a) Identify any relevant sections from the Corporations Act (Cth) 2001. b) Describe and explain the relevant legal principles including any relevant case/s. c) Apply these legal principles to the key facts. d) Make a conclusion as to Alice's prospects of success. Facts Alice owns five shares in Rivili Limited a publicly listed company on the ASX. The primary asset of Rivili Limited is a block of land with a dual frontage to both George Street and Pitt Street in the CBD of Sydney. The block of land has had a theatre on it for over 100 years. Rivili Ltd.'s Constitution has an express provision that "the Company's sole purpose is to run and operate a theatre in the CBD of Sydney". The Company has issued 1,000,000 shares and the current market price is around $2 for over 5 years. Rivili Ltd has not paid a dividend for over 10 years. The Company at best breaks even in its financial reports. The Company's balance sheet discloses that the CBD land at 269 George Street is valued at $2 million. In reality a developer would pay $20 million if the land was vacant. Ralph Raider is CEO of Raider Ltd. Raider Ltd launch a takeover for Rivili limited at $5 a share. Raider Ltd successfully obtains control of Rivili Limited with the purchase of 80% of its share capital. Alice does not sell her shares. The new Board of Rivili Limited appointed by Raider Ltd immediately knock down the theatre at George Street and sell the vacant land to a developer for $20 million in cash. Over the next year they invest this cash in buying and selling more companies in the name of Rivili Limited. Rivili Limited make an end of the financial year net profit of over $10 million and pay a dividend of $1 per share. Rivili Limited has ceased to carry on any business associated with theatres in breach of its constitution since the takeover by Raider Ltd. Despite Alice's shares rising in price from $2 to over $18 and her receiving a dividend for the first time in ten years Alice is deeply unhappy about the Company continuing to breach its own Constitution.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Public Law Text Cases And Materials

Authors: Andrew Le Sueur, Maurice Sunkin, Jo Eric Khushal Murkens

4th Edition

0198820283, 978-0198820284

More Books

Students also viewed these Law questions

Question

Go, do not wait until I come

Answered: 1 week ago

Question

Make eye contact when talking and listening

Answered: 1 week ago

Question

Do not go, wait until I come

Answered: 1 week ago