New Zealand Case Law: Decisions & Judgments

Topic

Companies act compliance

Legal area

Court

10 Feb 2020

ERU & ORS v HUGHES & ORS [2020] NZHC 122

Citation

[2020] NZHC 122
Court

High Court

The court held it would not rewrite the 1996 share register to treat the Tikitere Trust entry as a valid shareholding in place of an individual; the entry of a trust on the register was a legal nullity so the written joint venture as structured never took effect, but the plaintiffs may have equitable causes (joint venture by conduct or fiduciary duties) that support their claims and therefore the pleading should not be struck out but repleaded.
5 Nov 2018

PURE ELITE HOLDINGS LTD v BODCO LTD [2018] NZHC 2845

Citation

[2018] NZHC 2845
Court

High Court

The Court ordered limited further particular discovery where documents were likely relevant and proportionate: an identified non-privileged email (discovery no. 06361) must be disclosed; the Court inspected certain January 2016 solicitor files and upheld privilege over most communications except the one email; BODCO must file a further verified supplementary list disclosing documents evidencing the consideration CAHG agreed to pay and the steps showing how that figure was arrived at and must produce specified BODCO financial statements covering financial years that include 2015 and 2016 and a…
12 Mar 2018

SDG GROUP LIMITED (in liq) v WATSON [2018] NZHC 398

Citation

[2018] NZHC 398
Court

High Court

The court found the liquidators had not established they were entitled to summary judgment for the pre-transfer component because signing the financial statements did not prove a tripartite novation or estoppel without further evidence; however, after allowing accepted credits and accounting for disputed items, the defendant had no arguable defence to a residual sum of $12,370.05, and summary judgment was granted for that amount plus interest.
23 Sept 2014

Re Auckland Maritime Investment Ltd (in liq) [2014] NZHC 2317

Citation

[2014] NZHC 2317
Court

High Court

The Court directed that liquidators, after reasonable inquiry, may either (a) if in good faith and on reasonable grounds conclude the Maritime Union list is the statutory register, treat it as the register and distribute to those named using their register addresses (with unclaimed funds paid into the Liquidation Surplus Account under s316), or (b) if not so satisfied, assume 932 class A shareholders exist and distribute to those identifiable at time of distribution pro rata as if all 932 entitled, without further obligation to trace unidentified shareholders; liquidators are not exempted fro…
16 Apr 2008

HALLIDAY V HEAVY DIESEL SPECIALISTS LIMITED HC WN CIV 2008-485-776

Citation

openlaw-6875f75c_6f93_4c46_9d7c_3ca0ae8e0722.pdf
Court

High Court

On the material before the Court there was a prima facie case for liquidation, demonstrable urgency and special circumstances because the company's assets were being moved and at risk of export, and an undertaking as to damages was filed; accordingly appointment of interim liquidators under s246 was necessary and expedient to preserve assets for creditors.
5 Oct 2007

WALSH AND ANOR V NORMANBY TAVERN 2005 LIMITED AND ORS HC DUN CIV-2007-412-000725

Citation

openlaw-929148bd_9f75_4b9a_9c77_e2070d08eab6.pdf
Court

High Court

The Mareva injunction against the fourth defendant was discharged because the plaintiffs failed to establish a real risk of dissipation on the evidence; banking records supported that advances had been made by the trust and the possibility that the payments might be voidable preferences did not demonstrate a present risk of asset dissipation.
7 May 2007

THE COMMISSIONER OF INLAND REVENUE V TRANZ EARTH LIMITED HC AK CIV 2006-404-007891

Citation

openlaw-c56451cf_b17e_4450_a111_d0cc5950a686.pdf
Court

High Court

Although the Commissioner failed in the proceeding and costs would prima facie follow, the defendant's breaches of statutory obligations to file tax returns justified refusing to order costs for the defendant; accordingly no costs were ordered for either party.

New Zealand Case Law

ERU & ORS v HUGHES & ORS [2020] NZHC 122

PURE ELITE HOLDINGS LTD v BODCO LTD [2018] NZHC 2845

SDG GROUP LIMITED (in liq) v WATSON [2018] NZHC 398

Re Auckland Maritime Investment Ltd (in liq) [2014] NZHC 2317

HALLIDAY V HEAVY DIESEL SPECIALISTS LIMITED HC WN CIV 2008-485-776

WALSH AND ANOR V NORMANBY TAVERN 2005 LIMITED AND ORS HC DUN CIV-2007-412-000725

THE COMMISSIONER OF INLAND REVENUE V TRANZ EARTH LIMITED HC AK CIV 2006-404-007891