The 'best interests of the company' test under s 237(2)(c) imposes a higher threshold than merely requiring the proceedings to be 'in the interests of' the company, but is satisfied where success would substantially increase the company's assets and reduce its liabilities. A shareholder receiving financial support from other family members with a common interest is not thereby rendered a mere 'nominee' lacking good faith. Arguable limitation defences and potential indefeasibility obstacles do not preclude a finding that there is a serious issue to be tried for the purposes of s 237(2)(d).
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