1998/22 - Robertson v Slous [1998] UR 22 (3 February 1998)

1998/22 - Robertson v Slous [1998] UR 22 (3 February 1998)

The plaintiff has no reasonable cause of action as pleaded because any claim for company profits must be brought by the company or through a derivative action, not directly against another shareholder.

Citation
[1998] UR 22
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
03 February 1998
Procedural Posture
Civil / Strike Out Application
Outcome
action struck out
Legal Topics
Shareholder Rights, Strike Out Applications, Derivative Actions
Company Law Civil Procedure Shareholder Rights Strike Out Applications Derivative Actions

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Strike Out Application

Legal Issues

  1. 1 Whether the plaintiff can claim directly against the defendant for a share of company profits
  2. 2 Whether the proper claimant is the company or the shareholder

Ratio Decidendi

The plaintiff has no reasonable cause of action as pleaded because any claim for company profits must be brought by the company or through a derivative action, not directly against another shareholder.

Court Disposition

action struck out

Orders

  • Action struck out against the defendant.
  • Defendant to pay taxed costs of and incidental to the strike out application and the action up to and including the date of the filing of the answer only.