Malos v Malos

The case of Malos v Malos was heard in the Supreme Court of Victoria. The parties involved were two siblings, the respondents, who were the only members of a family company. They were seeking relief from the court due to a breakdown in their relationship, which had caused the company to cease trading. The respondents had filed competing applications; one sought relief based on the other's allegedly oppressive conduct, while the other sought winding up on the basis of a mutual loss of trust and confidence.

The legal issues before the court included whether the family company had ceased to carry on business, whether the court should exercise its discretion to grant relief to one party, and whether winding up was appropriate. The court needed to consider the nature of the family company, the conduct of the parties, and the impact of their relationship on the company. The court also had to balance the interests of the parties, considering the family context of the dispute.

The court found that the family company had indeed ceased to carry on business, and that the discretion to grant relief should be exercised in favour of the party seeking relief based on oppressive conduct. The court found that the other party's conduct had been oppressive, and that it was appropriate to grant relief to the applicant. The court also found that winding up was not appropriate in the circumstances, as it would not be in the best interests of the company or its members. The court made orders to assist the applicant in exerting control over the company and to ensure that the company was able to continue trading.