Summary

Necessity for care and co-operation in preparing bundles of documents

Facts

The court emphasised the necessity for care, attention and co-operation between parties in preparing bundles of documents for trial in a case in which many documents had not been agreed, many were irrelevant and many had been duplicated. Such inattention resulted in time and money being wasted and considerable inconvenience to the court and to witnesses.

Held

The court decided in favour of the petitioners. The conduct of the respondents in the management of the companies had been unfairly prejudicial to the interests of the petitioners as members. There was sufficient serious mismanagement to justify objectively a finding of unfair prejudice. A buy-out order was made.