
The court unanimously upheld the decision of the trial judge, finding no procedural unfairness. In the court's view the trial judge's solution was in certain respects unusual; it nevertheless fell well within the ambit of discretion conferred by section 996 of the Companies Act 2006. In this regard, the court endorsed the dictum of Oliver LJ in Re Bird Precision Bellows Limited [1986] Ch 658 that, in granting relief for unfair prejudice, the court was given "...a very wide discretion to do what is considered fair and equitable in all the circumstances of the case, in order to put right and cure for the future the unfair prejudice which the petitioner has suffered at the hands of the other shareholders of the company" (p. 669).
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