Is it still good law? ⚠️ This case has negative treatment (1 citation(s): e.g. doubted / not followed / overruled). Check carefully before relying on it.
How to cite
[1990] BCLC 760
Neutral citation format (OSCOLA). Always confirm against the official judgment.
“…PJ, with whom Chan and Ribeiro LJJ and Mortimer NPJ also agreed, endorsed at paragraph 47 doubts which Millett J had expressed in Re Charnley Davies Ltd (No 2) [1990] BCLC 760 (“Charnley Davies”) as to the “propriety of seeking [an order for payment or restitution to the company] on an unfair prejudice petition if the essence of the …”
“…ceedings are concerned to bring mismanagement to an end; derivative actions are concerned to provide a remedy for misconduct: see Re Charnley Davies Ltd (No.2) [1990] BCLC 760; Re Chime Corp Ltd (2004) 7 HKCFAR 546. While the court may have jurisdiction in the strict sense on a petition under s.168A to order payment of compensation t…”