28 Oct 1987
ANGLO-EASTERN (1985) LTD AND ANOTHER v. KARL KNUTZ AND OTHERS
- Citation
- ANGLO-EASTERN (1985) LTD AND ANOTHER v. KARL KNUTZ AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV100/1987
The Court held the derivative action did not fail in limine: the 'fraud on a minority' exception to Foss v. Harbottle extends to equitable fraud/abuse of power beyond strict common law fraud; the plaintiffs had a good arguable case on the material before the court and demonstrated a real risk of dissipation of assets so as to justify continuation of the Mareva/tracing injunction; hence the appeals were dismissed and the interlocutory injunctions continued in force.