REAL PROPERTY – caravan park with long-term cabin sites subject to company title – claim by purchasers of shares to equitable interests in cabin sites as well – whether purchase contracts included interests in land – specific performance – resulting trust – proprietary estoppel
CORPORATIONS – oppression – company owning caravan park with long-term cabin sites subject to company title – ownership company’s finances and operations managed by separate company controlled by directors – ownership company placed in administration by directors following contested application by shareholders for access to company documents – land sold to another company controlled by directors following adoption of deed of company arrangement proposed by directors – whether oppressive conduct by directors – relief
CONSUMER PROTECTION – misleading or deceptive conduct – unconscionable conduct – undue harassment or coercion – conduct “in trade or commerce” – contravention – loss and damage – purchase of company title shares in caravan park with long-term cabin sites – disappointment and distress
CORPORATIONS – voluntary administration – caravan park with long-term cabin sites subject to company title – claim by shareholders against administrators for compensation for loss arising out of sale of land pursuant to deed of company arrangement – whether administrators owed common law duty of care to shareholders – whether administrators negligent in discharge of their duties – causation – Insolvency Practice Schedule s 90-15 – whether unconscionable conduct by administrators – whether administrators “involved in” oppressive conduct by directors

McMillan v Coolah Home Base Pty Ltd (No 4) [2022] NSWSC 584 (13 May 2022)