Case Summaries

The team at MCK succeed in the Supreme Court of Victoria in defending a corporate client and its director from a claim made by the company's fraudulent CEO. The case involved answering the question whether the company's conduct in cancelling shares was unfair and oppressive – ss232, 233 Corporations Act 2001 (Cth) & whether the termination of MacLean's employment was unlawful

I ran into an internal company issue days prior to going overseas; on short notice Candan made time to see me and assured me that he would attend to certain tasks whilst I was away. This of course put my mind at ease as I was going to be away for 6 weeks. I have utilised MCKs legal services since and will continue to do so.

 
Nuvit Esmer

Maclean v RC & MF Holdings Pty Ltd & Anor [2011] VSC 447 (8 September 2011)

The team at MCK succeeded in the Supreme Court of Victoria in defending a claim by a CEO against his employer for wrongful dismissal and oppression. The Court accepted that the CEO committed fraud and ordered the CEO to pay the money taken from the client and the costs of the proceedings.

The Court held that Stuart MacLean was not entitled to the shares he had issued himself, and that the company was entitled to terminate MacLean's employment.  Her Honour Ferguson J also ordered Stuart MacLean to repay the money he took from our client by rendering false invoices to our client.