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Macdougall v Gardiner

[1875] 1 Ch D 13

Case summary last updated at 23/01/2020 16:56 by the Oxbridge Notes in-house law team.

Judgement for the case Macdougall v Gardiner

Chairman of a meeting of shareholders wrongfully (i.e. in breach of articles) refused to call a poll when one was requested by a shareholder (C). Shareholder sued. Held:
·       Refusal did not infringe personal right of C.
·       Therefore C was not entitled to bring personal action
Ø  Rather the proper claimant was company.

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