Where an appeal seeks restitutionary relief requiring the retransfer of shares, the former legal owner (trustee) of those shares is a necessary party to the appeal. Former office-holders who were the moving parties in primary proceedings bear the onus of persuading the court they should be removed as parties, and will not be removed where the issues on appeal are wide-ranging and complex such that it cannot be said with confidence that their rights or interests will not be affected.
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