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Singapore unfair prejudice s994

Kiri Industries Ltd v Senda International Capital Ltd

[2022] 1 SLR 1
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2022
StatusBinding authority

Summary

In an oppression buyout under s216 Companies Act, shares are valued on a willing buyer/willing seller basis without a minority discount.

Key Principle

The SGCA addressed the valuation methodology for a minority buyout in an oppression action under s.216 of the Companies Act; the court applied a willing buyer/willing seller basis without a minority discount.

Area of Law

company

Related Cases

Shafron v Australian Securities and Investments Commission (2012) 247 CLR 465

A company secretary is an 'officer' under the Corporations Act and owes a duty of care and diligence under s 180 in performing their functions.

Bell Group Ltd (in liq) v Westpac Banking Corporation [2012] WASCA 157

Directors of an insolvent company owe duties to creditors, and bank claims may be subordinated where unconscionable conduct is established in dealings with the insolvent company.

Barclay v Penberthy (2012) 246 CLR 258

The standard of care under s 180 of the Corporations Act is that of a reasonable person in the director's position, having regard to the corporation's circumstances and the director's office.

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