Segal J
IN THE GRAND COURT OF THE C
Introduction
This case concerns the
this Court and there is a question as
But since Jet Midwest is located in Kansas
Jet Midwest would be futile because the directors
service, on 18 July,
out of the jurisdiction on Jet Midwest in
the company’s behalf will be made in
sought for wrongs done to the
nature is procedural. They confer a right
derivative claim itself, such that if
rule where there was a challenge to the
proceedings and if it this Court
satisfied on the basis of the evidence
preliminary view was that this seemed
be the date when the first notice was
conducted, in this case the Missouri
(5). Notwithstanding that a judgment
amended Originating Summons cannot be
“but it is important to have in
of Appeal had devised and the court should
Has Top Jet established the right to bring
made up of those likely to be cast
directors use their powers, intentionally or
shareholders and of Mr. Kraus
far in encouraging excessive shareholder interference with management
subject to a derivative claim (Jet Midwest
shareholder). Their failure to act or
(a). that Mr. Kraus (
Therefore Top Jet is entitled
The indemnity costs issue 49