Corporate & Commercial Disputes

A corporate or commercial dispute is generally a disagreement arising from a company’s ownership, management, operations, transactions or business relationships. Common examples include shareholder disputes, directors’ disputes, breaches of commercial contracts, partnership conflicts and claims arising from corporate transactions.

Examples may include: 

• Excluding a shareholder from management despite an existing understanding; 
• Withholding company information or financial records; 
• Diverting company funds or business opportunities; 
• Issuing additional shares to dilute a minority shareholder’s interest; 
• Paying excessive benefits to selected directors or shareholders; 
• Refusing to declare dividends without a proper commercial reason; or 
• Using majority voting power for an improper purpose. 

Whether conduct amounts to oppression will depend on the complete factual and commercial circumstances.

Yes. Our lawyers may assist you to resolve dispute without going to the court. Many commercial disputes can be resolved through negotiation, mediation or another form of alternative dispute resolution. 

A negotiated solution may preserve confidentiality, reduce costs and allow the parties to maintain an ongoing business relationship. However, court proceedings may still be necessary where urgent protection, formal declarations or enforceable remedies are required. 

You should obtain legal advice before suspending performance or terminating the agreement. Wrongful suspension or termination may expose your business to a counterclaim risk. 

The contract’s termination provisions, notice requirements, cure periods and the seriousness of the breach should be reviewed by lawyers before action is taken.

Not necessarily. The right to terminate depends on the wording of the agreement, the nature of the breach and applicable legal principles. 

Some contracts require written notice and an opportunity for the defaulting party to remedy the breach. A failure to comply with the contractual procedure could make the termination invalid or wrongful. 

Relevant evidence may include: 

• Signed agreements and amendments; 
• Emails, letters and whatapps messaging records; 
• Board and shareholders’ resolutions; 
• Meeting minutes; 
• Financial statements and bank records; 
• Invoices, receipts and payment records; 
• Company searches and statutory documents; 
• Internal policies and approval records; and 
• Records showing loss, damage or disrupted business operations.  

Arrange a consultation with our lawyers to evaluate which evidence is relevant to strengthen / support your case.  

The duration depends on the complexity of the matter, number of parties, amount of evidence, court schedule and whether the dispute proceeds to trial or appeal. 

Matters resolved through negotiation or mediation may conclude more quickly. Complex litigation involving multiple applications, expert evidence or appeals may take considerably longer. 

Legal costs depend on the complexity of the dispute, urgency, amount of documentation, number of parties, court applications required and the stage at which the matter is resolved. 

After reviewing the relevant facts and documents, a lawyer can explain the likely scope of work and applicable professional fees. 

You should consider obtaining legal advice as soon as a disagreement begins affecting the company, its assets, decision-making or business relationships. 

Early advice may help prevent damaging communications, preserve evidence, comply with contractual deadlines and identify opportunities for an early commercial resolution.