4 Dec 2008
FONG & ANOR V WONG & ANOR HC AK CIV-2008-404-005547
- Citation
- openlaw-6e3da54d_9b49_492a_9967_d30caf2a6a9d.pdf
- Court
- High Court
The court held that s149 arguably applies because the purchaser is a director with material non‑public information and that there is an arguable defence that 'fair value' under s149 may exclude a minority discount in the quasi‑partnership/oppression context; because that defence raises a real question to be tried the summary judgment application for specific performance was refused.