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Necessary-party principles in oppression and mismanagement...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determination.
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Necessary-party principles in oppression and mismanagement proceedings require impleadment only where an entity's presence is needed for effective adjudication. Independent businesses alleged to have benefited from diversion of company funds or business were not treated as necessary parties merely to support the petitioner's allegations, particularly where the principal allegations concerned an existing respondent. Deferral of the impleadment application for possible consideration at final hearing did not finally determine the dispute or adversely affect rights. The discussion states that an appeal against such deferral is not maintainable, while leaving impleadment open if later required for effective adjudication.
Necessary-party principles in oppression and mismanagement proceedings require impleadment only where an entity's presence is needed for effective adjudication. Independent businesses alleged to have benefited from diversion of company funds or business were not treated as necessary parties merely to support the petitioner's allegations, particularly where the principal allegations concerned an existing respondent. Deferral of the impleadment application for possible consideration at final hearing did not finally determine the dispute or adversely affect rights. The discussion states that an appeal against such deferral is not maintainable, while leaving impleadment open if later required for effective adjudication.
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