Just & equitable winding up Flashcards
(4 cards)
1
Q
explain this
A
statutory remedy allowing a person to petition to wind up the company on the ground that is it just and equitable.
2
Q
who presents the petition and who is the defendant?
A
- Petition brought by minority SH in relation to a solvent company
- Defendant = company or LLP
3
Q
give examples of when it might be ‘just and equitable’ for the court to wind up the company
A
o SH has been unfairly prejudice (as above)
o Breakdown of trust and confidence
4
Q
when will this claim fail?
A
if there is another remedy C could reasonably pursue
