ABSTRACT
Where a petitioner successfully establishes that there has been unfairly prejudicial conduct, the court is given, by s 461(1), a wide discretion as to the order it can make in granting relief.118 It is not restricted to granting the relief requested by the petitioner. Section 461(2) then proceeds, without prejudice to the width of the court’s discretion under s 461(1), to list some of the orders it may wish to make, that is to say, it may: (a) regulate the conduct of the company’s affairs in the future; (b) require the company to refrain from doing or continuing an act
complained of by the petitioner or to do an act which the petitioner has complained it has omitted to do;
(c) authorise civil proceedings to be brought in the name of and on behalf of the company by such persons as the court thinks fit; and
(d) provide for the purchase of the shares of any members of the company by other members or by the company itself.119
