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The draft re-amended petition
The draft re-amended petition
Structure
The draft re-amended petition (which I shall generally refer to hereafter simply as “the petition”) is divided into eight sections, as follows:
Introduction (paragraphs 1 to 5);
Standing of the petitioners (paragraphs 6 to 12);
Description of the parties (paragraphs 13 to 17);
Background facts (paragraphs 18 to 25);
Conduct of the affairs of the company (paragraphs 26 to 27);
The unfairly prejudicial conduct (paragraphs 28 to 29);
Further prejudice (paragraph 30);
Prayer (paragraph 31).
Paragraph 28 in section (6) is subdivided into four subsections, the first dealing with the case of the first and fifth petitioners on unfair prejudice, the second with the case of the second petitioner, the third with the case of the third petitioner, and the fourth with the case of the fourth petitioner. Each subsection is divided into a number of specific particulars of alleged unfairly prejudicial conduct.
- 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