29 Nov 2013
WANG PEI YU v WHITFORD PROPERTIES LTD [2013] NZHC 3162
- Citation
- [2013] NZHC 3162
- Court
- High Court
The notices of opposition filed on 25 October and 15 November 2013 were struck out because they were filed without proper authority of the company; a sole director does not have authority to represent the company in litigation in the absence of a board resolution or other lawful delegation, and the appropriate remedy is for the interested director to seek leave under s165 to act on the company's behalf and for the derivative action and substantive caveat application to be heard together.