Corporate Break-Ups – A guide to unfair prejudice

Nobody sets up a company or makes an investment expecting that at some point things will go wrong with their business partner or fellow investors. Unfortunately sometimes things do go wrong, and it's important that shareholders are aware of what options may be available to them at an early stage where other shareholders or directors may be acting unfairly towards them.

This seminar provided an overview of a remedy available to shareholders where a company's affairs are being conducted in an unfair manner against their interests. The seminar discussed:

• What steps directors and shareholders can take on a day to day basis to reduce the risk of a successful challenge of unfair prejudice
• What tests the court will apply to determine whether there has been unfair prejudice and the remedies that are available
• How a company's shares will be valued where the court orders their sale from one party to another