New Zealand Case Law: Decisions & Judgments

Topic

Derivative action (s165)

Legal area

Court

1 Sept 2023

DRYLANDCARBON GP ONE LIMITED v LECKIE [2023] NZHC 2439

Citation

[2023] NZHC 2439
Court

High Court

The Court dismissed the defendants' application for a stay pending the appeal; authorised the Beverleys (as those granted leave) to control the conduct of the derivative proceedings including ensuring plaintiffs meet discovery obligations, ordered a third‑party law firm (Wilson Harle) be engaged to facilitate discovery for both the derivative and related oppression proceedings, directed the directors need not individually list documents discovered by the plaintiffs but must list other personal/control documents, ordered plaintiffs to make an interim payment of $50,000 plus GST towards outstan…
30 May 2022

ELIAHU v ELIAHU [2022] NZHC 1226

Citation

[2022] NZHC 1226
Court

High Court

The Court found there was a serious question to be tried based on affidavit evidence of likely unauthorised use of company funds by the director; the balance of convenience favoured an injunction because funds would remain in the companies, the companies face risk from continued drawings and the relative strength of plaintiffs' case outweighed respondent's; leave for a derivative action under s165 was granted because the statutory threshold was met (deadlock and companies not pursuing claims) and, applying the prudent business person standard, the prospects, costs, absence of company action a…
25 Jan 2013

VAN VELZEN AND FOULKES AS TRUSTEES OF THE VAN VELZEN TRUST V LOLLIPOPS EDUCARE HOLDINGS LTD HC AK CIV-2013-404-000359

Citation

openlaw-b2848d64_8a03_40f5_8e91_6a64a14b0910.pdf
Court

High Court

The plaintiffs failed to establish a serious question to be tried because clause 2 of the shareholders' agreement did not, absent an express provision, prevent the defendants from establishing other childcare centres and the franchise agreement permits franchising outside a two kilometre radius; damages would be ascertainable and the defendants can pay so the balance of convenience does not favor interim relief; accordingly the application for an interim injunction was declined.

New Zealand Case Law

DRYLANDCARBON GP ONE LIMITED v LECKIE [2023] NZHC 2439

ELIAHU v ELIAHU [2022] NZHC 1226

VAN VELZEN AND FOULKES AS TRUSTEES OF THE VAN VELZEN TRUST V LOLLIPOPS EDUCARE HOLDINGS LTD HC AK CIV-2013-404-000359