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At its most basic, this case concerned the van Leeuwen interests contending that Mr Zabusky wrongly directed large sums of money to himself and his related interest when such money was intended for Virgin Technologies Ltd (in which Mr van Leeuwen and Mr Zabusky indirectly had interests). Application by Zabusky interests for temporary stay dismissed. Application for joinder of Viscaya Armadora SA allowed: Daubney J.
Appellants claimed that derivative action was not properly constituted because it was brought by unregistered shareholders and, as such, they had no standing. Appeal dismissed with costs: Holmes JA, Chesterman JA, P Lyons J.
Appeal Status
Appeal Determined (QCA)
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