Abela v Ameropa [1993] JLR 386 (30 November 1993)
- Citation
- [1993] JLR 386
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Company Law Application / Interlocutory
More details
- Posture
- Company Law Application / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
No interlocutory relief is available pending the full hearing because the statutory power to grant relief only arises after the court is satisfied that the application is well founded.
Court disposition
interlocutory relief refused
02
Material facts
Parties
Abela
ApplicantAmeropa
Respondent03
Procedural history
Posture
Company Law Application / Interlocutory
04
Questions and positions
Legal issues
Whether interlocutory relief can be granted pending a full hearing of an application under Companies (Jersey) Law 1991, art. 141 for unfair prejudice
Party arguments
- Applicant
- Applicant sought interlocutory relief pending the full hearing of an unfair prejudice application under Companies (Jersey) Law 1991, art. 141.
- Respondent
- Respondent opposed interlocutory relief, arguing that relief under art. 143(2) only arises if the application is proved to be well founded.
05
Court’s reasoning
Legal principles
- 01
Companies (Jersey) Law 1991, arts. 141, 143
By art. 143(1), the application must be 'well founded'—i.e., it must be proved that the company's affairs have been conducted in an unfairly prejudicial manner—before the power arises to grant relief under art. 143(2).
06
Ratio, limits and disposition
Ratio decidendi
No interlocutory relief is available pending the full hearing because the statutory power to grant relief only arises after the court is satisfied that the application is well founded.
Court disposition
interlocutory relief refused
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Abela v Ameropa [1993] JLR 386 (30 November 1993) URL: https://www.bailii.org/je/cases/JLR/1993/JLR930386.html Cite as: [1993] JLR 386 [ New search ] [ Help ] Abela v Ameropa 1993 JLR 386 (30 November 1993) Companies - minority shareholders - unfair prejudice - interlocutory relief-no interlocutory relief pending full hearing of application under Companies (Jersey) Law 1991, art. 141-by art. 143(1), application to be "well founded," i.e. to be proved that company's affairs conducted in unfairly prejudicial manner before power arises to grant relief under art. 143(2) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1993 JLR 386 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1993/JLR930386.html
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