Ebrahimi v Westbourne Galleries Ltd
1972 · [1973] AC 360
Posted By lanbuk.com
- Facts
- Two men ran a business as partners and then incorporated it, sharing management. Later one, with his son, removed the other as director and excluded him from management.
- Issue
- Was it just and equitable to wind up the company?
- Held
- Yes. In a company formed on mutual confidence with an understanding that all would manage, equity could restrain the strict use of legal rights, and exclusion justified a .
- Principle
- Exclusion from management in a quasi-partnership company can make winding up just and equitable.
- Why it matters
- It is persuasive on section 350(f).
Words and Latin in this note
- Winding up
- The process of ending a company's life: collecting and selling its assets, paying its debts and distributing any surplus, before dissolution. It may be by the court, voluntary, or subject to the court's supervision: section 343. Open the note.
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