Jankar v Dellmain

In the case of Jankar v Dellmain, the applicant, Jankar, sought an order for the winding up of a corporation, Dellmain, on the basis that it was just and equitable to do so, pursuant to section 461(1)(k) of the Corporations Act 2001. The corporation was owned by three defendants, the first and third of whom were the subject of the applicant's claim. The applicant alleged that the third defendant engaged in oppressive conduct and unreasonably caused the first defendant to defend the proceedings. The third defendant conceded that the winding up of the corporation was just and equitable. The court was required to determine whether a winding up order should be made and, if so, the basis on which it should be made. The court was also required to determine whether an order for costs should be made and, if so, the basis on which it should be made.

The court found that the winding up of the corporation was just and equitable and that it would have been justified on the basis that the corporation was unable to pay its debts. The court also found that the winding up of the corporation would have been justified on the basis that the conduct of the third defendant was oppressive and unfairly prejudicial to the applicant. The court found that the third defendant engaged in oppressive conduct by unreasonably causing the first defendant to defend the proceedings. The court held that the third defendant should indemnify the first defendant in respect of its defence costs and that the third defendant should pay the applicant's costs.

The court made an order that the corporation be wound up on the just and equitable basis. The court also made an order that the third defendant indemnify the first defendant in respect of its defence costs. The court further made an order that the third defendant pay the applicant's costs. The court held that the first defendant was not liable for any of the costs.