234. Derivative actions

bring proceedings in the name and on behalf of the company or any subsidiary of that company; or

intervene in proceedings to which the company or any subsidiary is a party, for the purpose of continuing, defending, or discontinuing the proceedings on behalf of the company or subsidiary, as the case may be.

the likelihood of the proceedings succeeding;

the costs of the proceedings in relation to the relief likely to be obtained;

any action already taken by the company or subsidiary to obtain relief;

the interests of the company or subsidiary in the proceedings being commenced, continued, defended or discontinued, as the case may be.

the company or subsidiary does not intend to bring, diligently continue, defend or discontinue the proceedings, as the case may be; or

it is in the interests of the company or subsidiary, that the conduct of the proceedings should not be left to the directors or to the determination of the shareholders as a whole.