Re JE Cade and Son Ltd: 1992

The petitioner claimed unfair prejudice under section 459. The company was a licensee of a farm and he sought to recover possession.
Held: The petition failed. In reality he was seeking to promote his interests as freeholder in the land, and not his interests as a shareholder in the company.
Warner J said: ‘It is well established . . that the interests of a member of a company that the court has jurisdiction to protect under section 459 are only his interests as a member. While those interests are not necessarily limited to his strict legal rights under the constitution of the company, they do not extend to interests of his in some other capacity.’
Warner J
[1992] BCLC 213
Companies Act 1985 459
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Updated: 05 December 2020; Ref: scu.264075