Dilato Holdings PTY Ltd v Learning Possibilities and others

Company – Shareholder – Minority shareholder. The claimant company brought a claim for specific performance against the defendants, alleging that the company had failed to issue it shares, in breach of a loan agreement. The main dispute concerned whether the claimant was a minority shareholder or a shareholder able to control the affairs and business of the company. The claimant sought interim relief, among other things, to allow for the inspection of certain company documents and to prevent the removal from the company of a director associated with the claimant. The Chancery Division granted some interim relief to impose a measure of control on the decision making of the company in the period before trial.

Category: