Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p53
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 132410–135040

following paragraphs:
         "(ga) an order cancelling a contract, arrangement or offer relating to the shares;
         (gb) an order declaring a contract, arrangement or offer relating to the shares to be voidable;";
     (b) by omitting sub-section (6) and substituting the following sub-section:
    "(6) Without limiting the nature of the orders that may be made by the Court under sub-section (1) directing the disposal of, or of an

    interest in, a share in a company, such an order may include one or more of the following provisions:
         (a) a provision that the disposal shall be made within such time and subject to such conditions (if any) as the Court thinks fit, including, if the Court thinks fit, a condition that the disposal shall not be made to a particular person or persons or to persons included in a particular class or classes of persons;
         (b) a provision that a person specified in the order is liable to pay to the company an amount equal to the amount of any profit made by the person as a result of, or in connection with, the disposal of the shares;
         (c) a provision that a person specified in the order shall, for all purposes connected with the disposal of the shares, be deemed to hold the shares as a trustee for the beneficial owner of the shares."; and
     (c) by inserting after sub-section (10) the following sub-section:
    "(10a) In determining, for the purposes of sub-section (10), whether or not a failure by a person to comply with sub-section 261 (7) or (8) was due to the person's inadvertence or mistake, the person's ignorance of, or a mistake on the person's part concerning, a matter of law shall be disregarded.".

77. After section 265a of the Principal Act the following Division is inserted in Part V:
"Division 6—Inspection of Records

Inspection of records
"265b. (1) Where—
     (a) a member of a company applies to the Court for an order authorising a registered company auditor, or a duly qualified legal practitioner, acting on behalf of the member to inspect books of the company; and
     (b) the Court is satisfied that the member is acting in good faith and that the inspection is to be made for a proper purpose,
the Court may—
     (c) make an order authorising a registered company auditor, or a duly qualified legal practitioner, acting on behalf of the member, at such time as is specified in the order, to inspect and to make copies of, or take extracts from, the books of the company or such of the books of the company as are specified in the order; and
     (d) make such other order or orders (if any) as it thinks fit including,