||All England Reporter
|| All ER (D) 253 (Jul)
|| EWCA Civ 751
||Court of Appeal, Civil Division
Waller, Rimer and Aikens LJJ
||Andrew Clutterbuck (instructed by Cripps Harries Hall LLP) for the petitioner.
||Max Mallin (instructed by Butcher Burns) for the first and second respondents.
||22 July 2009
Company - Member - Unfair prejudice to member's interest - Purchase of shares of prejudiced member - Whether conduct of company's affairs 'unfairly prejudicial' to petitioner's interests - Whether respondents in breach of fiduciary duties - Whether judge erring in concluding respondents not breaching no conflict or no profit rules - ss 459.
Company Member. The Court of Appeal, Civil Division, allowed the petitioner's appeal against the judge's finding that the respondents had not breached the no conflict or no profit rules in relation to a transaction for the purchase of a property.
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