4 Aug 2016
DAVY & ORS (DORCHESTER APARTMENTS LIMITED) v SCARROTT [2016] NZHC 1791
- Citation
- [2016] NZHC 1791
- Court
- High Court
Section 34 was not engaged because it was practicable to alter the constitution by following the statutory/constitutional processes: the directors had a viable alternative of engaging dissenting shareholders and re-presenting proposals, and significant proposed amendments should be put to shareholders; accordingly the court declined to exercise its discretion to alter the constitution.