New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Examination of directors

Legal area

Court

6 Jul 2021

FATUPAITO and KEENE v STEWART [2021] NZHC 1679

Citation

[2021] NZHC 1679
Court

High Court

The Court has jurisdiction under s 266 to order the respondent (a sole director/shareholder) to attend for examination and produce company books concerning matters relating to the business, accounts and affairs of the company even though proceedings against him are extant; the liquidators demonstrated the examination and production are reasonably necessary to fulfil their statutory duties given the respondent's non-cooperation; the examination is not oppressive and any risk to limitation defences can be mitigated by an undertaking limiting use of the examination record as an acknowledgment un…
12 Dec 2013

CAPITAL HOSPITALITY HOLDINGS LTD (IN LIQUIDATION) v PANDEY & ORS [2013] NZHC 3330

Citation

[2013] NZHC 3330
Court

High Court

The Court held that the application should be treated as seeking s266(1) orders to enforce interview notices for the first and tenth respondents and s266(2) orders for production of documents by respondents 2–9 and 11; the Court has jurisdiction to make orders against overseas directors where they are subject to statutory duties and a sufficient connection exists; the hearsay transcript was admissible under Evidence Act ss18 and 20; evidence established a sufficient connection between the Pandey/Rai group and CHH to justify examinations and production orders; accordingly orders for attendance…