DR ROHIT KULKARNI v GWENT HOLDINGS LIMITED & Anor.

DR ROHIT KULKARNI v GWENT HOLDINGS LIMITED & Anor.

The court determined that neither the issue of rectification of the share register nor the issue of remediability of breaches under clause 7.1(d) were suitable for summary determination, as the defendants have a real prospect of success and the issues require findings of fact at trial.

Parties
Claimant: Dr Rohit Kulkarni; First Defendant: Gwent Holdings Limited; Second Defendant: St Joseph’s Independent Hospital Limited
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Shareholder Dispute / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Shareholders' Agreements, Estoppel by Deed, Rectification of Register, Remediability of Breach, Summary Judgment
Company Law Contract Law Shareholders' Agreements Estoppel by Deed Rectification of Register Remediability of Breach Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dr Rohit Kulkarni

Claimant

Gwent Holdings Limited

First Defendant

St Joseph’s Independent Hospital Limited

Second Defendant

Procedural Posture

Shareholder Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant is entitled to rectification of the register of members to show him as proprietor of 1,652 A shares as from 13 February 2020
  2. 2 Whether breaches of the shareholders' agreement by Gwent were 'capable of remedy' under clause 7.1(d) and trigger a deemed transfer notice

Ratio Decidendi

The court determined that neither the issue of rectification of the share register nor the issue of remediability of breaches under clause 7.1(d) were suitable for summary determination, as the defendants have a real prospect of success and the issues require findings of fact at trial.

Court Disposition

Application for summary judgment dismissed