25 Oct 2018
LATUMBO v PACIFIC AUTO CARRIER (NZ) LIMITED [2018] NZHC 2773
- Citation
- [2018] NZHC 2773
- Court
- High Court
Summary judgment was refused because plaintiff did not discharge the onus of showing she unquestionably remained a director; there were real and material factual disputes (including conduct in Sept–Oct 2014) leaving the Court with considerable doubt. Leave to bring a derivative action was refused because plaintiff failed the jurisdictional threshold on the balance of probabilities that she was a director (and even if she were, the proposed derivative claims had poor prospects, raised issues more appropriately between other corporate entities, and appeared collateral to wider disputes).