Section 232 — Corporations Act 2001 (Cth)

The Court may make an order under section 233 if:

(a) the conduct of a company’s affairs; or

(b) an actual or proposed act or omission by or on behalf of a company; or

(c) a resolution, or a proposed resolution, of members or a class of members of a company;

is either:

(d) contrary to the interests of the members as a whole; or

(e) oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.

For the purposes of this Part, a person to whom a share in the company has been transmitted by will or by operation of law is taken to be a member of the company.

Note 1: For affairs, see sections 53 and 53AAA.

Note 2: The effect of paragraph (d) is extended in relation to a sub‑fund of a CCIV: see section 1227F.

Related sections

• s 229 — Giving a financial benefit
• s 230 — General duties still apply
• s 231 — Membership of a company
• s 233 — Orders the Court can make
• s 234 — Who can apply for order
• s 235 — Requirement for person to lodge order

Research how courts apply s 232

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.