Ebrahimi V Westbourne Galleries Ltd Pdf
A new concern for the minority shareholder.
Ebrahimi v westbourne galleries ltd pdf. After falling out between the directors mr nazar and his son voted to remove mr ebrahimi as a director and excluded. Ebrahimi v westbourne galleries ltd 1973 ac 360. Case of ebrahimi v westbourne galleries ltd 23 in the case of ebrahimi v westbourne galleries ltd the house of lords considered passing off or a winding up order on just and equitable ground under section 222 f of the companies act 1948 which section carried the statute before the introduction of section 122 of the insolvency act 1986. In the case of ebrahimi v westbourne galleries ltd the house of lords considered passing off or a winding up order on just and equitable ground under section 222 f of the companies act 1948 which section carried the statute before the introduction of section 122 of the insolvency act 1986.
122 justice ferguson used ebrahimi to explain that remedies for oppressive conduct are not entirely the construct of corporations law statutes. Hl 3 may 1972. The case was decided in the house of lords. Ebrahimi v westbourne galleries ltd and others on appeal from in re westbourne galleries ltd.
In re westbourne galleries ltd. Ebrahimi v westbourne galleries ltd 1973 ac 360 is a united kingdom company law case on the rights of minority shareholders. The case was decided in the house of lords. They decided to incorporate as the business was highly.
Unfair prejudice to minority shareholder a company had operated effectively as a partnership between two and then three directors. In ebrahimi v westbourne galleries ltd7 where the issue was whether or not the relevant company should be wound up on a just and equitable basis lord wilberforce observed8 that it would be impossible and wholly undesirable to define the circumstances in which these equitable considerations may arise. 3 67 while justice ferguson largely followed the reasoning of justice davies in vigliaroni she buttressed this approach with the quasi partnership concept expounded by lord wilberforce in ebrahimi v westbourne galleries ltd ebrahimi. Mr ebrahimi and mr nazar were partners.
In 1958 they formed a private company carrying on the same business and were appointed its first directors. They shared equally in management and profits. Ebrahimi v westbourne galleries ltd 1973 ac 360 is a united kingdom company law case on the rights of minority shareholders.