Shuren & Fang

Shuren & Fang was a case in the Family Court of Australia where the wife sought to have property alteration orders set aside and to be reinstated as a director and secretary of B Pty Ltd. The husband, who was also the executive director of B Pty Ltd, had allegedly removed the wife from her positions without proper notice and through improper means. The legal issues that the court had to decide were whether the meeting that removed the wife was valid and if the wife suffered substantial injustice that warranted her reinstatement as a director and secretary of B Pty Ltd. The court held that the meeting was invalid as the wife was not given proper notice and that the husband's actions caused substantial injustice to the wife. The court reasoned that the husband's actions were deliberate and designed to prevent the wife from participating in the meeting, which denied her the opportunity to defend herself. The court also held that s 1322(4) of the Corporations Act was not available to excuse the irregularity as it arose from a deliberate informed decision to create an irregularity. The court granted the wife's application to set aside the property alteration orders and to be reinstated as a director and secretary of B Pty Ltd.