Gambotto v WCP (1995) 127 ALR 417

Facts: The majority sought to amend the constitution to forcibly acquire minority shares for tax benefits. The minority opposed the amendment.

Issue: Was the amendment valid if it was not for a proper purpose and oppressive to minority shareholders?

Held: The High Court invalidated the amendment, finding it oppressive and not made for a proper purpose.

Key Judicial Statement: The court established that amendments allowing share expropriation must be for a permissible purpose and not oppressive to minority shareholders.

💡 Leveluplaw: Amendments allowing for share expropriation must be for a legitimate purpose and not oppressive to minority shareholders.

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White v Bristol Aeroplane Co [1953] Ch 65

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Greenhalgh v Arderne Cinemas Ltd [1951] Ch 286