| (a) |
to make an initial contribution or any additional contribution contemplated in subsection (1) and (2)(a), respectively, of section 24; or |
| (i) |
the breach of a duty arising from his fiduciary relationship to the corporation in terms of section 42; or |
any other member of the corporation may institute proceedings in respect of any such liability on behalf of the corporation against such member or former member after notifying all other members of the corporation of his intention to do so.
| (2) |
After the institution of such proceedings by a member the leave of the Court concerned shall be required for a withdrawal of the proceedings or for any settlement of the claim, and the Court may in connection with such withdrawal or settlement make such orders as it may deem fit. |
| (3) |
If a Court in any particular case finds that the proceedings, if unsuccessful, have been instituted without prima facie grounds, it may order the member who has instituted them on behalf of the corporation, himself to pay the costs of the corporation and of the defendant in question in such manner as the Court may determine. |
Public Service Commission Act, 1997
