Shares

Question 1

Barclays -v- Steel

Answer 1

SH Interest - 1st Monetary 2nd Interest

Question 2

Re Hafner

Answer 2

Discretion - onus on transferee to prove mala fide

Question 3

Banfi Limited -v- Moran

Answer 3

Discretion must be bona fide in the interest of the company

Question 4

Dublin North Milling

Answer 4

Even if transferee is already a member, absolute discretion in the absence of mala fide

Question 5

Re Coalport

Answer 5

Court has no power to interfere without evidence of mala fide

Question 6

Regentcrest

Answer 6

Did the director honestly believe they were acting in the interest of the company

Question 7

Tangey -v- Clarence Hotel

Answer 7

Absolute Discretion - not desirable person. Not entitled to use their discretion,

Question 8

Popely -v- Planarrive

Answer 8

Personal Feelings - family. Fraudster in this case.

Question 9

Hackney Pavillion and Swaledale

Answer 9

Lost the right to refuse - 2 months lapsed

Question 10

Bratton Seymour

Answer 10

Pre-emption - contractual interpretation - not extrinsic evidence

Question 11

Rainy Sky SA

Answer 11

Pre-emption clause - look at language used against background facts

Question 12

McKillen -v- Misland

Answer 12

Pre-emption - discern objectively against all background facts