and decided to incorporate.
as director, in accordance with articles.
1948, s210 [forerunner to Companies Act 1985, s459] and Companies Act 1948,
s222(f) [forerunner to IA 1986, s122(1)(g)].
Act 1948, s222(f).
confers on court.
under which cases must be brought if the clause is to apply was wrong.
exercised where members of company were in substance partners and court would,
if there had been partnership, have ordered partnership be dissolved under Partnership
Act 1890, s35 [which also allows dissolution on just and equitable grounds].
considerations – considerations of a personal character arising between one individual
and another which may make it inequitable to insist on legal rights.
in which such equitable considerations might arise, but might include:
involving mutual confidence, eg where partnership converted into limited company.
shall participate in conduct of business.
in company, so that if confidence is lost or one member removed from management,
he cannot take out his stake and go elsewhere.
from directorship under power valid in law, circumstances were such that N and
his son were not entitled in equity to make use of their powers.