Delayed judgment pronouncement alone does not invalidate Tribunal orders, while rectification cannot reopen evidence or negate confiscation-related pe...
Compulsory share buy-out orders in oppression and mismanagement proceedings require a prior finding that the alleged conduct falls within the statutory framework and satisfaction of the requisite conditions before remedial powers may be exercised. The share-purchase power is consequential rather than independent. A compulsory buy-out must also rest on the shares' current value at the determination date, or on a valuation closely proximate to that date. Failure to object to a valuation does not remove the Tribunal's duty to assess its genuineness and suitability. A valuation based on an earlier financial position was insufficient; the buy-out direction was quashed and fresh valuation and merits determination were required.
Compulsory share buy-out orders in oppression and mismanagement proceedings require a prior finding that the alleged conduct falls within the statutory framework and satisfaction of the requisite conditions before remedial powers may be exercised. The share-purchase power is consequential rather than independent. A compulsory buy-out must also rest on the shares' current value at the determination date, or on a valuation closely proximate to that date. Failure to object to a valuation does not remove the Tribunal's duty to assess its genuineness and suitability. A valuation based on an earlier financial position was insufficient; the buy-out direction was quashed and fresh valuation and merits determination were required.
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TaxTMI 
TaxTMI 
of 4913 
