Shareholder and Transaction Disputes

Shareholder and transaction dispute experience

Examples of matters involving shareholder and transaction dispute engagements included the following :

• Misleading and deceptive conduct. The applicants acquired the assets and goodwill of a wholesale lighting business. The applicants’ alleged the respondents made misleading and deceptive representations, which were relied on by the applicants in entering an agreement for sale of the business. Valuations were provided under different scenarios to assist in quantifying the loss. An examination and detailed analysis of the books and records was carried out to assist the court. Federal Court. Trade Practices (ACL).
• Valuation report critique. Critique of a report prepared for a shareholder dispute in relation to an international electrical equipment manufacturer. The expert report provided reported on the compliance with valuations standards and critiqued the valuation approach, financial assessment, risk assessment and earnings assessment.
• Expert Determination. Valuation of an allied health business specialising in exercise therapy and physiology; expert determination report prepared to assist in a shareholder dispute
• Partner dispute. Valuation of a food wholesaler and retailer to assist partners in a dispute and allow the partner to exit the business.
• Minority oppression. Valuation of an air-conditioning distribution business to assist the minority shareholder claiming damages for oppression.
• Earn-out dispute. Interpreting and calculating the earn-outs and profit allocations in accordance with the terms of an agreement under different scenarios, in relation to a national IT service provider.
• Minority shareholder dispute. Assisting a minority shareholder in a construction business to extract value. Report prepared analysing manipulation and abuse of the director’s loan account. Mediation.