NZHC [1986] 2 NZLR 271

Re Deans

2/1986

Summary

This case is a useful one when looking at Article 79 of DIFC Law No. 2/2009. The wider common law has previously considered the high burden required for dissenting shareholders to demonstrate that a scheme, which holders of 90 per cent of the shares have accepted, is unfair. This case involved an application by a dissenting minority shareholder under s208 of the Companies Act 1955 for an order that his shares in a company not be compulsorily acquired by the party who having acquired more than 90% of the shares , made a takeover offer and looked to acquire the remaining shares compulsorily.

Background