19 Dec 2011
GREYMOUTH HOLDINGS LIMITED V JET TRUSTEES LIMITED HC AK CIV-2011-404-5309
- Citation
- openlaw-1350c7cb_7792_40d9_9a3a_cfc2e97c4ce3.pdf
- Court
- High Court
The court exercised its discretion to join the company as a defendant in the s174 proceeding as the preferred course to preserve the court's remedial options; granted leave under s165 for the plaintiffs to bring a derivative action in the company's name by way of cross-claim because the prudent business person test was met (reasonable prospect of success, cost proportionate, company interests favoured action and company would not itself act); ordered interlocutory case management including transfer to the Commercial List and conditional interim production subject to protective protocol (forma…