Source: All England Reporter
Publisher Citation: [2003] All ER (D) 28 (Aug)
Court: Chancery Division
Judge:

Sir Donald Rattee
Representation Matthew Collings (instructed by Maxwell Batley, Reading) for the petitioner.
  Leon Kuschke (instructed by Nabarro Nathanson) for the cross-petitioner.
Judgment Dates: 31 July 2003

Catchwords

Companies - Unfair prejudice to members - Quasi-partnership - Petition by majority shareholders - Power of court to grant relief - ss 459, 461 - s 122.

The Case

On the application of the petitioner, and a cross-petition by his co-director for an order pursuant to s459 of the that the affairs of the companies were being conducted in a manner that was unfairly prejudicial to each of them respectively, and consequent relief pursuant to s461 of the 1985 Act, the court decided that on the evidence, the acts complained of did not amount to conduct that was unfairly prejudicial to them. Accordingly, the relief sought would be granted and the petition and the cross-petition would be dismissed.

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