Matthew & ors v Sedman & ors WTLR(w) 2022-07

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Shareholder disputes: Getting your hands dirty

Peter Brewer considers the consequences of misconduct ‘Winding up a company because the directors have fallen out can affect a lot of innocent people and so it is not a remedy that the court grants freely.’ Law students will remember the maxim ‘he who comes to equity must do so with clean hands’. What this …
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Shareholder Disputes: Improper intentions

Noel McMichael and Nicole Finlayson consider a recent Supreme Court ruling ‘The “proper purpose” rule is commonly applied to prevent the use of directors’ powers for the purpose of influencing the outcome of a general meeting.’ In December 2015, the Supreme Court handed down a significant judgment on the nature and effect of the ‘proper …
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