399. Court may compel compliance

Question 1

399. Court may compel compliance

Answer 1

General overview
[399.01] Section 399 provides that if any person in contravention of the Act refuses or fails to permit the inspection of any register, minute book or document or to supply a copy of the same, the court may by order compel an immediate inspection of the register, minute book or document or order the copy to be supplied.

Question 2

Companies Act 2006 (UK)

Answer 2

[399.02] In order to prevent the abuse of the right to access for inspection of a company’s register, minute book or document, s 117(3) of the Companies Act 2006 (UK), commonly called the “no access” provision, provides that the court may deny access to the request for inspection of such document unless it is for a “proper purpose”: see Re Burry & Knight Ltd, Burry & Knight Ltd & Anor v Knight [2014] EWCA Civ 604; [2014] 1WLR 4046, CA. There is no equivalent provision in the Act. However, the court may in its inherent jurisdiction deny access under s 399, if the applicant who requests the right of access has an ulterior and improper purpose.