Chris Stackpoole appeared on behalf of the appellant, instructed by Mia Behlau & Associates.
In summary, this was an appeal against the primary judge’s findings that the appellant had breached a Joint Venture Agreement (‘JVA’), engaged in unconscionable and oppressive conduct, and had secured an agreement for the respondent to sell its interest in the jointly owned company by duress. The Court of Appeal dismissed the appeal. In doing so, the Court held that the appellant was responsible for the conduct of its principal, whose bullying behaviour towards the respondent and failure to diligently participate in the business constituted breaches of the JVA. Further, the Court upheld the findings that the appellant engaged in unconscionable conduct with respect to the Buy Out Agreement and confirmed the orders setting it aside and compensating the respondent for loss of expected profits.
The judgment can be read by clicking here
