Court Applications under the Companies Acts
Author: Mahmud Samad
Court Applications under the Companies Acts
The Companies Acts 1963-2012 contain over 200 court applications, ranging from applications vindicating the rights of minority shareholders to the winding up of companies for failure to pay their debts. The object of this text is to provide a discussion of every application, focusing not only on the applicable legal principles, but the procedure involved in issuing and prosecuting proceedings. This includes discussion of: the proofs for each application; the necessary documentation (including the content of affidavits, petitions and notices) for every application; service of proceedings; time limits; defences, costs etc. The book guides readers through the steps involved in making each court application and, as such, serves as a practical and unique resource to legal practitioners – or indeed anyone else - contemplating litigation under the Companies Acts.
In addition to providing a thorough and up-to-date analysis of the law (including statutes, rules of court, practice directions and case law from key jurisdictions) and in-depth discussion of practice and procedure, Court Applications under the Companies Acts contains a generous collection of detailed precedents for specific applications. The precedents are based on real applications coming before the courts and have been contributed by the author and other legal practitioners. Finally, each chapter sets out the key amendments to be introduced by the Companies Bill 2012 to the applications discussed in that chapter. It is hoped that this will facilitate practitioners in making a smooth transition once the Bill is enacted into law.