Chris Stackpoole appeared for the defendant instructed by M Behlau & Associates.
The judgment was a hearing as to final orders for a Joint Venture Agreement (JVA) dispute concerning Tweed Heads Logistics Pty Ltd. The primary issue was whether an order should be made for the transfer of the plaintiff’s shares to the defendant and, if so, the form of that order, and whether an award of indemnity costs should be made.
The Court made final orders declaring of breach of the JVA, void agreement, and both unconscionable and oppressive conduct by the defendant. The Court awarded $564,619.86 in damages (with interest) to the plaintiff and ordered that the shares be transferred to the defendant upon satisfaction of judgment debt. The plaintiff was barred from future dividends and management rights. The defendant was ordered to pay the plaintiff’s costs on the standard basis.
The judgment can be read by clicking here
