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Any breach of duties by directorscould leadto claims being brought against them by way of a derivative action
that possibility , or any likelihood that the applicant is seeking to avoid such liability through taking up the cause of action belonging to the companyshould resultin a disentitlement in relation to the application to take derivative action
an orderpreventsplaintiffs from instituting a derivative action based on the same claim
GCR ’ ) , would actto preventa plaintiff from bringing a derivative action
the tolling agreementsmight have preventedthe appellants from being able to proceed with a derivative action
to which Plaintiff - Petitioner was not a partycreatinga purely derivative cause of action
The principle that disinterested directorsmay preventpursuit of a claim of the corporation in a stockholder derivative action
This studycontributesto the subject of derivative action
the inequitiesresultingfrom such situations by a stockholder derivative action
that the proposed claim failsto ... setforth the merits of such a derivative claim
forth with particularity their efforts to secure the initiation of such action by the board or the reasons for not making such effortmust setforth with particularity their efforts to secure the initiation of such action by the board or the reasons for not making such effort
the Company serious and irreversible damagewill ... causethe Company serious and irreversible damage
in the insurer paying back the excess compensation to the corporation on behalf of the directorswould resultin the insurer paying back the excess compensation to the corporation on behalf of the directors
these violationsto preventthese violations
out in ss 181A to 181E of the Companies Act 1965setout in ss 181A to 181E of the Companies Act 1965
out in s. 263(2are setout in s. 263(2
appliesis createdapplies
the trial court to throw out the case and the Third District Court of Appeal to uphold that decisionledthe trial court to throw out the case and the Third District Court of Appeal to uphold that decision
from the “ loss of consortium , loss of services and companionship of her husbandresultedfrom the “ loss of consortium , loss of services and companionship of her husband