{"issue_text":"Whether disposal of 45 million shares constituted disposal of \"greater part\" of company assets under s 183(1)(b)","issue_type":"law","dispositive":"yes","related_facts":"Capital held 145,320,000 FML shares; disposed of 45,500,000 shares"}
{"issue_text":"Whether applicant had locus standi to bring proceedings","issue_type":"mixed","dispositive":"no","related_facts":"Applicant held 3,900 shares initially; shares redistributed after resignation"}
{"issue_text":"Whether unsigned shareholders agreements bound the applicant","issue_type":"law","dispositive":"no","related_facts":"Two draft agreements not signed; applicant not party to agreements"}
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background
Facts of the Case
Background
The applicant, former CEO of First Mutual Limited, held 3,900 shares (26%) in Capital Alliance (Private) Limited through a management buy-in scheme. After his resignation, Capital Alliance disposed of 45 million First Mutual shares without his consent or general meeting approval. The applicant sought a declarator that this disposal violated s 183(1)(b) of the Companies Act.
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