Re Smith & Fawcett Ltd
| Jurisdiction | England & Wales |
| Court | Court of Appeal |
| Year | 1942 |
| Date | 1942 |
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187 cases
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Forte (Charles) Investments Ltd v Amanda
...the onus of proof so as to put upon them the burden of justifying that which they have done". 26 Lastly, in the case of In re Smith and Fawcett, Limited., 1942 1 Chancery, page 304, the opportunity was taken by Lord Greene, Master of the Rolls, to emphasise that an Article in form similar t......
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Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
...between the duty at common law and the statutory codification. 190 As expressed in the classic formulation by Lord Greene MR in Re Smith & Fawcett Ltd [1942] Ch 304, 306, the duty is to act in what the director believes, not what the court believes, to be the interests of the company. T......
- Emporium Jaya (Bentong) Sdn Bhd v Emporium Jaya (Jerantut) Sdn Bhd (No.2)
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Ho Kang Peng v Scintronix Corporation Ltd
...3 SLR (R) 31; [1998] 3 SLR 482 (folld) Secretary of State for Trade and Industry v Swan [2005] BCC 596 (refd) Smith and Fawcett Ltd, Re [1942] Ch 304 (folld) Stone & Rolls Ltd v Moore Stephens [2009] 1 AC 1391 (refd) Vita Health Laboratories Pte Ltd v Pang Seng Meng [2004] 4 SLR (R) 162; [2......
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3 firm's commentaries
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Nominee Directors: Caught Between The Devil And The Deep Blue Sea
...BCLC 522, para. 31. 12 Boulting v. Association of Cinematograph Technicians [1963] 2 QB 606, 626. 13 Ibid., at 10. 14 Re Smith & Fawcett [1942] Ch. 304, 15 Re Southern Counties Fresh Foods [2008] EWHC 2810 (Ch) at 53. 16 Scottish Co-operative Wholesale Society Ltd v. Meyers [1959] AC 324. 1......
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High Court Refuses Permission For Climate-change Activist Shareholder To Bring Derivative Action On Behalf Of Shell Plc Against Its Directors
...faith) how best to promote the success of a company for the benefit of its members as a whole, not the court (confirmed by Re Smith & Fawcett Limited [1942] Ch 304 and Iesini v Westrip Holdings Limited [2009] EWHC 2526 Further, the court did not think that the "incidental duties" pleaded we......
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The Hollinger Ruling - A BVI Perspective
...advantage to the company as a whole." 5 Regal (Hastings) Ltd. V Gulliver and Others [1967] 2 AC 134 6 316 A.2d 599 (Del. Ch.) at p. 606 7 [1942] Ch 304 8 Peter Xuereb, The Rights of Shareholders. The content of this article is intended to provide a general guide to the subject matter. Speci......
14 books & journal articles
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An analysis of directors' fiduciary duties in the removal of a director from office
...Mining Co Ltd 2 006 5 SA 333 (W) para 16 617 Shuttle worth v Cox Brothers & C o (Maidenhead) Lt d 1927 2 KB 9; Re Smith & Fawc ett Ltd 1942 Ch 304, 306; Hogg v Cramph orn Ltd 1967 Ch 254; Regentcr est plc (in liquidati on) v Cohen 2001 2 BCLC 80 105; Extrasure Travel Insurances Ltd v Scatte......
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Corporate Management
...Scribblers Publishing 2006) 421; cf UK Companies Act 2006 Cap 46 s 239. 25. Re Cumana Ltd. [1986] BCLC 430; Re Smith and Fawcett Ltd. [1942] Ch. 304; Bishopsgate Investment Management Ltd. v Maxwell (No. 2) [1993] BCLC 814. 26. Hogg v Cramphorn [1967] Ch. 254; Howard Smith v Ampol Petroleum......
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Finding Juridical Dispositions Germane to the Interpretative Context to be Attributed to ‘Reasonably’ under Section 4 of the Companies Act 71 of 2008
...Visser Sitrus (Pty) Ltd v Goede Hoop Sitrus (Pty) Ltd 2014 (5) SA 179 (WCC) para 64 (‘Visser Sitrus (Pty) Ltd’); Re Smith & Fawcett Ltd [1942] Ch 304, per Lord Greene MR. 54 Ronald Bobroff & Partners Inc v De La Guerre; South African Association of Personal Injury Lawyers v Ministe r of Jus......
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Directors' fiduciary duties under our future company-law regime
...v Mills (1938) 60 CLR 150 at 188; Peters' American Delicacy Company Limited v Heath (1939) 61 CLR 457; In re Smith & Fawcett, Limited [1942] 1 Ch 304 (CA); Thorby v Goldberg (1965) 112 CLR 597; Charterbridge Corporation Ltd v Lloyds Bank Ltd & Others [1970] 1 Ch 62. 41 See LS Sealy ' "Bona ......
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