Pacific v Christensen [1995] JLR 250 (10 August 1995)

Pacific v Christensen [1995] JLR 250 (10 August 1995)

The court held that adjourning the minority shareholders' action pending a general meeting is proper, and the court must consider the shareholders' views, the conduct of the meeting, and the fairness of information provided when deciding whether the action should continue.

Citation
[1995] JLR 250
Parties
Applicant: Pacific; Respondent: Christensen
Jurisdiction
Jersey
Judgment Date
10 August 1995
Procedural Posture
Minority Shareholders' Action / Application for Adjournment Pending General Meeting
Outcome
Adjournment granted
Legal Topics
Minority Shareholder Action, Adjournment of Proceedings, Shareholder Meeting, Corporate Wrongs
Company Law Minority Shareholder Action Adjournment of Proceedings Shareholder Meeting Corporate Wrongs

Case Brief

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Parties

Pacific

Applicant

Christensen

Respondent

Procedural Posture

Minority Shareholders' Action / Application for Adjournment Pending General Meeting

Legal Issues

  1. 1 Whether it is proper to adjourn a minority shareholders' action pending a general meeting to seek shareholders' views
  2. 2 How the court should take into account the views expressed at the meeting, the proceedings at the meeting, and the fairness of information given to shareholders in deciding whether to allow the action to continue

Ratio Decidendi

The court held that adjourning the minority shareholders' action pending a general meeting is proper, and the court must consider the shareholders' views, the conduct of the meeting, and the fairness of information provided when deciding whether the action should continue.

Court Disposition

Adjournment granted

Orders

  • Hearing of minority shareholders' action adjourned pending general meeting