When one company owes another a debt, or there is a dispute about the management of a company it can be important to take remedial action promptly.
Most disputes between companies are litigated in either the Supreme Court or in the Federal Court although much depends on the circumstances.
Corporate Disputes typically involve questions about debts owed by one company to another, the management of a particular company and shareholder disputes.
Potential Scenarios - Corporate Disputes
- Your company is owed a debt by another company potentially permitting you to issue a statutory demand;
- Your company has received a statutory demand and needs to contest the debt;
- A statutory demand has not been honoured and you need to bring an application to windup a company;
- A company, in which you hold shares, is being conducted in a manner that excludes you from management when you should be allowed to play that role perhaps creating the grounds for an oppression remedy.
Important Quotes in Corporate Disputes
Where, as is usual, the Articles of Association of a company provide that the business of the company is to be managed by the directors, there is generally no power in the general meeting to make management decisions or to control or direct the board of directors in the management of the company: see Automatic Self-Cleansing, Gramophone & Typewriter and Quin. In general terms, this applies to the commencement of legal proceedings, just as to any other aspect of management of the company's business: Kraus. - Massey & Anor v Wales & Ors; Massey & Anor v Cooney & Anor  NSWCA 212
Let Us Help You
- Enforce debts against another company by using the statutory demand procedure;
- Dispute a statutory demand when the debt is genuinely in dispute;
- Bring oppression proceedings in appropriate cases.
We are litigation lawyers in Sydney, NSW. We can help you with advice about: – how to set aside a statutory demand, dealing with shareholder disputes, to pursue directors for breach of fiduciary duties. For more info call us on T: +61 2 9199 4530.
* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.