ABSTRACT
In the context of the above examples, note the relevance of the statutory contract (s 33 CA 2006 discussed at section 4.2 above).
12.3 Unfair prejudice Section 994(1) CA 2006 provides that a member may petition the court ‘on the ground that the company’s affairs are being or have been conducted in a manner which is unfairly prejudicial to the interests of its members generally, or to some part of its members (including at least himself)’. This section (first enacted as s 75 CA 1980) replaced s 210 CA 1948 which provided a remedy for ‘oppressive’ conduct and had been very restrictively interpreted by the courts.
