The presence of a litigation funder with its own commercial interest in the outcome does not negate the good faith of an applicant shareholder seeking derivative leave under s 237, provided the applicant has a genuine commercial interest in the proceedings. The 'best interests' criterion under s 237(2)(c) is assessed by reference to whether leave to bring the proceedings should be granted, not by reference to whether the possible orders for relief would all be in the company's best interests. Proof of damage to the company is not required to establish a serious question to be tried for breach of directors' duties under s 181.
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