The form of relief under section 461 is discretionary and on an appeal as to the judge’s choice of remedy or relief it has to be shown that his order was outside the generous ambit within which disagreement is possible or is otherwise reviewable on the grounds of which an exercise of discretion can be reviewed on appeal. The judge correctly exercised his wide discretion on unfair conduct by saying that no relief would meet the justice of the case. He had not been asked to wind up the business and left the provisional liquidator to make the relevant investigation.
Judges:
Mummery J
Citations:
[1997] EWCA Civ 1162, [1998] BCC 58
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Bonham v Crow and others CA 13-Dec-2001
The petitioner complained of unfair prejudice in the way the company had been operated, and sought an order that his shares be bought out. However the judge found that the net value of the company was negative and the shares worthless. The judge had . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 05 November 2022; Ref: scu.141558