28 Mar 2017
MURPHY v CRISP [2017] NZHC 615
- Citation
- [2017] NZHC 615
- Court
- High Court
Leave under s165 was granted only to permit Mr Murphy to bring a derivative claim in the name of Dawnhaven Ltd limited to the Disputes Tribunal for recovery of his one-third share of the c. $27,000 paid to Mr Crisp because the claim was arguable, the sum fell within the Tribunal's jurisdiction thus minimizing cost and procedural barriers, the company would not pursue the claim due to Mr Crisp's control, and other larger or court-based claims and pre-commencement discovery were speculative and refused.