NETWORK CABLING SOLUTIONS LIMITED AND ORS V ICE GROUP (NZ) LIMITED AND ORS HC WN CIV-2008-485-1360

NETWORK CABLING SOLUTIONS LIMITED AND ORS V ICE GROUP (NZ) LIMITED AND ORS HC WN CIV-2008-485-1360

Documents of NZ Data including annual accounts are relevant because they may fairly lead to a train of inquiry showing that ICE's business and funds were appropriated; accordingly the defendants must provide further verified supplementary discovery and NZ Data must produce a verified list including annual accounts,...

Source-derived case information.

Citation
openlaw-8df1a195_489f_4ca7_ac6d_182cc75d4934.pdf
Parties
First Plaintiff: Network Cabling Solutions Limited; Second Plaintiff: Maurice George Stilwell; Third Plaintiff: Noel Busschau Swan; First Defendant: ICE Group (NZ) Limited; Second Defendant: Eric Thompson; Third Defendant: New Zealand Data Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 May 2010
Procedural Posture
Shareholder Oppression Under Companies Act 1993 S174 / Pre Trial Discovery and Interlocutory Unless Orders
Outcome
Plaintiffs' application for further discovery succeeded; court ordered ICE and Mr Thompson to file further supplementary verified lists and NZ Data to file a verified list including annual accounts and source documents; leave reserved for confidentiality applications; trial fixed.
Legal Topics
Shareholder Oppression, Companies Act S174 Relief, Discovery Obligations, Valuation of Shares, Confidentiality/protective Orders
Company Law Civil Procedure Discovery Insolvency Shareholder Oppression Companies Act S174 Relief Discovery Obligations Valuation of Shares +1 more

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Parties

Network Cabling Solutions Limited

First Plaintiff

Maurice George Stilwell

Second Plaintiff

Noel Busschau Swan

Third Plaintiff

ICE Group (NZ) Limited

First Defendant

Eric Thompson

Second Defendant

New Zealand Data Limited

Third Defendant

Procedural Posture

Shareholder Oppression Under Companies Act 1993 S174 / Pre Trial Discovery and Interlocutory Unless Orders

Legal Issues

  1. 1 Whether the defendants' conduct amounted to oppressive, unlawful or unfairly prejudicial conduct under s174 Companies Act 1993
  2. 2 Whether NZ Data (third defendant) lawfully possessed or controlled documents relevant to alleged transfer of ICE's business and the $223,875 payment
  3. 3 Whether the court should order further discovery and permit protective conditions for confidential documents

Ratio Decidendi

Documents of NZ Data including annual accounts are relevant because they may fairly lead to a train of inquiry showing that ICE's business and funds were appropriated; accordingly the defendants must provide further verified supplementary discovery and NZ Data must produce a verified list including annual accounts, subject to any appropriate confidentiality applications to the court.

Court Disposition

Plaintiffs' application for further discovery succeeded; court ordered ICE and Mr Thompson to file further supplementary verified lists and NZ Data to file a verified list including annual accounts and source documents; leave reserved for confidentiality applications; trial fixed.

Orders

  • By 18 June 2010 ICE (first defendant) and Eric Thompson (second defendant) to file and serve further verified supplementary lists of documents to comply with the Court's 10 February 2010 orders and to provide the missing bank statements
  • By 18 June 2010 New Zealand Data Limited (third defendant) to file and serve a verified list of documents to include its annual accounts since inception, principal source documents for those accounts and any documents relating to acquisition of ICE's business, ICE assets, bank balances and staff