Kinross & Kinross

The parties to this proceeding were Kinross & Kinross (the applicant) and Kinross & Kinross (the respondent). The dispute concerned the applicant's application for an order that the respondent be wound up on the grounds of oppression. The matter came before Dessau J of the Supreme Court of Victoria.

The primary legal issue before the court was whether the conduct of the respondent constituted oppression within the meaning of the relevant legislation, justifying the winding up of the company. This involved an examination of the applicant's allegations of unfair prejudice and the respondent's counterarguments.

Dessau J considered the history of the company and the relationship between the parties. The court found that the respondent's actions, particularly in relation to the exclusion of the applicant from management and the distribution of profits, were oppressive. The legal principle applied was that oppression arises where a party is subjected to conduct that is burdensome, harsh, or wrongful, and that the court has a broad discretion to make orders to remedy such oppression.

The court ordered that the respondent be wound up.