Stuart 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.