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Re Broadcasting Station 2GB Pty Ltd [1964-1965] NSWR 1648 New South Wales Supreme Court

Re Broadcasting Station 2GB Pty Ltd [1964-1965] NSWR 1648 New South Wales Supreme Court

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.