3 Jul 2020
JOHNSON v JOHNSON [2020] NZHC 1563
- Citation
- [2020] NZHC 1563
- Court
- High Court
Leave under s165 was refused because the proposed derivative claim did not clearly serve Johnson Preschool's best interests: prospects of success were not appreciably better than even given competing evidence that the company received the benefit (purchase of 34 Long Drive), the claim risked delaying the plaintiffs' debt recovery and creating duplicative proceedings, the marginal costs were material, the claim was partial leaving scope for future litigation, and the applicant had an ulterior purpose related to relationship property. Consequently the application was dismissed and the earlier c…