Hecquet v McCarthy & Ors

Hecquet v McCarthy & Ors

All petitioners, including registered members and a transferee whose registration was refused, have standing to maintain a petition under Section 459 of the Companies Act 1985. Formal satisfaction of the statutory requirements is sufficient for standing; substantive interest is not additionally required for standing, though it may affect relief.

Parties
Petitioner: Terence Hecquet; Petitioner: Robert Hoare; Petitioner: Robert Marsden; Respondent: Tom McCarthy; Respondent: Malcolm McCarthy; Respondent: Edwin McCarthy; Respondent: McCarthy Surfacing Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Company Law Petition Under Section 459 of the Companies Act 1985 / Preliminary Issue on Standing to Petition
Outcome
Petitioners have standing to maintain the petition.
Legal Topics
Standing to Petition Under Section 459, Share Transfers, Unfair Prejudice, Membership Rights
Company Law Standing to Petition Under Section 459 Share Transfers Unfair Prejudice Membership Rights

Case Brief

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Parties

Terence Hecquet

Petitioner

Robert Hoare

Petitioner

Robert Marsden

Petitioner

Tom McCarthy

Respondent

Malcolm McCarthy

Respondent

Edwin McCarthy

Respondent

McCarthy Surfacing Limited

Respondent

Procedural Posture

Company Law Petition Under Section 459 of the Companies Act 1985 / Preliminary Issue on Standing to Petition

Legal Issues

  1. 1 Whether the petitioners have standing to maintain a petition under Section 459 of the Companies Act 1985

Ratio Decidendi

All petitioners, including registered members and a transferee whose registration was refused, have standing to maintain a petition under Section 459 of the Companies Act 1985. Formal satisfaction of the statutory requirements is sufficient for standing; substantive interest is not additionally required for standing, though it may affect relief.

Court Disposition

Petitioners have standing to maintain the petition.

Orders

  • Preliminary issue determined in favour of the petitioners; all petitioners have standing.