Case Facts for Re Broadcasting Station 2GB Pty Ltd [1964-1965]:
The case involved the nominated directors who were said to have oppressed
the minority directors. This is because the nominees were only from the majority
directors, and that this decision was not particularly incline to the
interest of the company. Instead, the decision was alleged to be in favor of
the majority shareholders of the enterprise.
Case Issue:
The issue of the case was whether the directors breached their fiduciary
duty towards the company by not putting first the interests of the
enterprise.
Case Decision:
The decision of the court was that the directors of the company did not
breach their fiduciary duties for the reason that their decision was not
against the betterment of the company.
It was added that the fiduciary duty of the directors were breached if
the nominated directors were to have inflicted harm to the
enterprise.
In addition, the court provided that the interest of others, e.g. officers,
directors, and employees of the company, must be separated from the interest
of the company. Nevertheless, the interest of the company must put first
against any other interests.