On 11 September 2026, the Supreme Court of NSW delivered judgment in Re RD Beechworth Pty Limited [2026] NSWSC 1098 (Nixon J), in which Andre Zahra SC and Frank Tao (instructed by Tina Hua of Tahota Law Firm) appeared for the successful plaintiffs.
The proceeding concerned a just and equitable winding up application brought by aggrieved investors in respect of a property development to be carried out by the defendant company. The plaintiffs, with other legal advisors, had failed in a previous proceeding to recover their $5 million loan to the company.
Notwithstanding the plaintiffs’ position as minority shareholders, having no directorship or control of the defendant company, and associated information asymmetry, the plaintiffs successfully deployed expert evidence from a valuer, a town planner, a quantity surveyor and an insolvency practitioner, to prove that the defendant company’s proposed property development was financially unviable and that the company should not be allowed to continue, and for that reason (among others), the company should be wound up on the just and equitable ground.
Read the judgment here.
