Where a company is profoundly insolvent with no residual value to members and no prospect of revival, a compulsory transfer of shares under s 444GA will not unfairly prejudice members' interests, particularly where the transfer is essential to a DOCA that provides a return to creditors. Unsubstantiated allegations of account manipulation by an objecting shareholder will not prevent the grant of leave.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.