Re ASA Resource Group plc; Ning and another v Dearing and others

Summary judgment – Striking out. The Companies Court ruled, among other things, that five directors of a company (in administration) were not entitled to reverse summary judgment in respect of an unfair prejudice petition presented by the respondent shareholders of the company, or in respect of an application challenging the validity of the appointment of administrators to the company where there were disputed matters of fact, and where it was not clear that the petitioners, or another company for which the petitioners held the shares in the company, or the administrators would take the action suggested by the directors to reverse the allegedly prejudicial conduct complained of. Accordingly, the court dismissed the directors' applications to strike out, and/or for summary judgment on, the unfair prejudice petition and the application concerning the administrators.

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