Re Sam Weller [1990]

Non-payment of dividends capable of constituting
unfairly prejudicial behaviour.
Petitioners held minority shareholding in family
company controlled by uncle.
Main complaint of petitioners was that company had not
increased its dividend in 37 years.
Court held non-payment of dividends capable of
constituting unfairly prejudicial behaviour.
Does not mean that shareholder entitled to complain in
every case where shareholder only receives income by dividend, person in
control of company receives direct income and profits are not fully distributed
by dividend.
Court will always view with great caution allegations
of unfair prejudice on this ground.
But case was mere application to strike out, and could
not be said with certainty petition could not succeed on this ground.