Pender v Lushington

Facts

The chairman of a meeting refused to count votes cast by nominee shareholders.

Issue

Could a member sue to have his vote recorded?

Held

Yes. The right to vote is a right of property that a member can enforce in his own name.

Principle

A member's personal rights under the articles, such as voting, are enforceable by him.

Why it matters

It is an exception to Foss v Harbottle.

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