Steele v Stuart

Steele v Stuart

The petition is struck out as an abuse of process because the respondents made reasonable open offers for buy-out which the petitioner refused, and the petition is premature pending resolution of the property action; no unfair prejudice is established until outcome of property action is known.

Parties
Petitioner: Alan Gregory Steele; Respondent: Robert Ian Stuart; Respondent: Raymond John Jones; Respondent: JHS Land Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2008
Procedural Posture
Petition Under Companies Act for Unfair Prejudice and Winding Up / Application to Strike Out Petition
Outcome
Petition struck out as abuse of process; injunctive relief refused.
Legal Topics
Unfair Prejudice, Shareholder Disputes, Winding Up, Abuse of Process, Open Offers
Company Law Insolvency Law Unfair Prejudice Shareholder Disputes Winding Up Abuse of Process Open Offers

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Parties

Alan Gregory Steele

Petitioner

Robert Ian Stuart

Respondent

Raymond John Jones

Respondent

JHS Land Limited

Respondent

Procedural Posture

Petition Under Companies Act for Unfair Prejudice and Winding Up / Application to Strike Out Petition

Legal Issues

  1. 1 Whether the petition for unfair prejudice and winding-up should be struck out as an abuse of process
  2. 2 Whether the open offers made by respondents preclude relief for unfair prejudice
  3. 3 Whether the petition is premature pending resolution of related property action

Ratio Decidendi

The petition is struck out as an abuse of process because the respondents made reasonable open offers for buy-out which the petitioner refused, and the petition is premature pending resolution of the property action; no unfair prejudice is established until outcome of property action is known.

Court Disposition

Petition struck out as abuse of process; injunctive relief refused.

Orders

  • Petition struck out
  • Injunctive relief restraining use of company funds refused