Khutorenko v Korytnikov (CC31/2015) [2018] SCSC 8279 (7 October 2018)

The petitioner failed to prove the allegations of unfair prejudice and misconduct; the evidence presented was insufficient and not based on direct knowledge of the company's affairs.

Citation: [2018] SCSC 8279
Parties: Petitioner: Igor Khutorenko; Respondent: Alexander Korytnikov
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 7 October 2018
Case Number: CC31/2015
Procedural Posture: Civil Petition Under Companies Act / Judgment
Outcome: Petition dismissed with costs
Legal Topics: Director's Duties, Unfair Prejudice, Corporate Governance, Asset Misappropriation
Source Language: English

Company Law Director's Duties Unfair Prejudice Corporate Governance Asset Misappropriation

Case Brief

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Parties

Igor Khutorenko

Petitioner

Alexander Korytnikov

Respondent

Procedural Posture

Civil Petition Under Companies Act / Judgment

Legal Issues

1 Whether the respondent's management of the company was unfairly prejudicial to the petitioner as a shareholder and director
2 Whether the respondent was guilty of misconduct in relation to company assets

Ratio Decidendi

The petitioner failed to prove the allegations of unfair prejudice and misconduct; the evidence presented was insufficient and not based on direct knowledge of the company's affairs.

Court Disposition

Petition dismissed with costs