Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd [No 3]

The plaintiff Trafalgar West Investments Pty Ltd brought actions against Superior Lawns Australia Pty Ltd, and others, in the Supreme Court of Western Australia. The plaintiff sought to enforce its statutory rights under s 293 of the Corporations Act 2001 (Cth) to obtain audited financial reports for the 2009 and 2010 financial years and sought to compel the defendant to provide audited financial reports for the 2011 financial year. The legal issues involved the validity and enforceability of the plaintiff's statutory rights, the consequences of the plaintiff's loss of standing as a shareholder in the defendant, and the appropriateness of varying or discharging prior orders made by the Court. The Court found that the plaintiff's statutory rights under s 293 of the Corporations Act 2001 (Cth) were validly invoked, and the defendant's obligations to provide the requested reports remained in place, regardless of the plaintiff's change in shareholding. The Court rejected the defendant's argument that changed circumstances justified varying or discharging prior orders, and ordered the defendant to complete the requested audited financial reports and to file an affidavit detailing its efforts to do so. The Court also dismissed the plaintiff's application to substitute or add Mr Patrick Jebb as a party to the actions.