1 Dec 2008
DUNCAN AND ANOR V ALAN REAY CONSULTANTS LIMITED AND ORS HC CHCH CIV-2006-409-000251
- Citation
- openlaw-0daa586d_6f2e_4f26_9def_1c788d4ab9c1.pdf
- Court
- High Court
The Court found on the facts the directors acted in good faith and within the range of reasonable business judgment to increase remuneration (including overtime) to retain key personnel in exceptional circumstances, so there was no oppressive conduct under s174; limited improper payments of company funds to meet certain personal invoices were identified but were modest and did not constitute oppressive conduct, and even if oppression had been established the Court would have declined relief because awarding compensation risked a windfall given the expert valuation had addressed relevant adjus…