Advise Donna as to her prospects of obtaining an order to wind up Doh Pty Ltd Issue: Will the Court wind up Doh Pty Ltd on application by Donna? Law: Section 462(2)(c); 461(1)(k); 467(4); Re Dalkeith Investments Pty Ltd; Re Yenidje Tobacco Company Limited (management deadlock) Application: Donna can apply for winding up because she is a fully paid shareholder (a contributory). Donna may argue that Doh Pty Ltd be wound up on just and equitable grounds. There is a management deadlock – the two directors are bitter towards each other. The Court will not exercise its discretion to wind up Doh. There is a suitable alternative remedy – Hugh has agreed to buy out Donna based on independent valuations. Further Donna is acting unreasonably because the company is operating very profitably, Donna refuses to cooperate, attend board meetings and sign documents. Conclusion: Donna can apply for winding up but the Court will not order it, either because there is no ground for winding up or Donna is acting unreasonably.
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