3 Oct 2012
DROMGOOL V S N DROMGOOL LIMITED HC AK CIV 2011-404-3986
- Citation
- openlaw-db97b4eb_938e_4748_80da_230b79678c4e.pdf
- Court
- High Court
The grant of options by Anne and Peter together with prior transfer notices constituted sufficient evidence that they 'desire to sell or transfer' within cl 11.2(1) of the company's constitution; accordingly clause 11.2 was triggered and the court ordered compliance with cl 11.2(1) and (2) (transfer notices specifying the sum the grantors consider to be the value), rejecting the proposition that s 174(2) provided the remedy sought.