How will this compulsory acquisition take place......Refer the High Court handing down its decision in Giancarlo Gambotto and Anor v WCP Limited and Anor (1995).
[i]This proper purpose must not be exercised in an oppressive
manner. For the majority the expropriation of the shares of a minority cannot
be 'simply for the purpose of aggrandising the majority',11 nor 'merely in
order to secure for themselves the benefit of a corporate structure that can
derive some new commercial advantage'.12 Expropriation is only possible if it
is 'to secure the company from significant detriment or harm' such as to
eliminate a shareholder who is competing with the company (as was the case
in Sidebottom v Kershaw, Leese & Co),13 or where it is necessary 'to ensure
that the company could continue to comply with a regulatory regime
governing the principal business which it carries on'.
As well as the proper purpose test the other main issue discussed was that
of fairness. The majority discussed this notion briefly and held it involves
disclosure of all relevant information and also a fair price, which itself
involves a number of factors including the nature of the company and its
future prospects.18
nformation concerning the current and historical market prices of the
shares where they are applicable, the net book value of the assets, and the
value of the company both as a going concern and on a liquidation together
with any reports or appraisals prepared in relation to the alteration and
any firm offers for, or serious inquiries about the purchase of, the assets of
the company.
So in short, at what price will comp acq take place.....
REF:
http://epublications.bond.edu.au/cgi...06&context=blr