Conclusion on particular objections
Conclusion on particular objections
Looking at the cumulative effect of my discussion of the various objections made by the active respondents, there are two main results. The first is that all claims to standing based on equitable rights in shares have been disallowed. The fourth petitioner accordingly can plead no standing to join in this petition in relation to the eighth respondent, except by way of the completed stock transfer form of 12 January 2025, which has not yet been registered. But on the authorities that is sufficient for section 994(2). So the petition is not demurrable for lack of standing.
The second result is that the allegation of unfairly prejudicial conduct under paragraph 28 does not, as it stands, contain allegations of unfairly prejudicial conduct which are so pleaded as to be attributable to particular active respondents, and hence, absent further amendment, cannot be pursued against them. In addition, some of the particulars given under that paragraph will also be disallowed.
In my judgment, what that means overall is the petition should not be allowed to go forward, at any rate in this state.
- Heading
- Introduction
- Background and nature of the claims
- The history of the litigation
- Interim injunction application
- Pre-trial review
- The abortive trial and aftermath
- The restoration of In-Touch
- Further adjournment
- The hearing on 13-14 May 2025
- The question of standing
- Procedural rules
- Relevant caselaw
- The draft re-amended petition
- Brief summary
- The active respondents’ objections
- Standing for the purposes of unfair prejudice petitions
- Caselaw on equitable title
- Scope of the section 994 jurisdiction
- Discussion
- Claims to shares in equity
- Claims outside scope of petition
- Lack of clarity as to basis of allegation
- Vagueness and lack of clarity as to the pleading itself
- Lack of specificity in pleading attribution of conduct
- Inadequate pleading
- Absence of a necessary party
- Conclusion on particular objections
- Opportunity to re-amend?
- Conclusions
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