New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Buyout remedy
  • 7 Dec 2005

    JOHNSON V SNEYD HC WN CIV-2004-435-84

    Citation
    openlaw-f7ff1143_9d5b_472a_bae7_ba68c69a25e2.pdf
    Court
    High Court

    The Court found forgery of the plaintiff's signature and unauthorised payments proved to the requisite high standard, concluding the defendant acted in bad faith and self-interest such that the company's affairs were conducted oppressively and unfairly prejudicially under s174, and that the just and equitable remedy was to order the defendant to sell his shareholding to the plaintiff at fair market value with consequential removal as director; disqualification under s383 was unnecessary given relief under s174.