New Zealand Case Law: Decisions & Judgments

Topic

Internal management rule

Legal area

Court

12 Apr 2017

PAUL v DURIE [2017] NZHC 713

Citation

[2017] NZHC 713
Court

High Court

The strike out application was dismissed because the plaintiff's challenges to the validity of the 16 April 2016 meeting and to decisions concerning legal representation and the litigation services committee were not hopeless or non‑justiciable at interlocutory stage; factual disputes and the potential for consequential relief mean the matters should proceed to evidence and hearing; however parts of the statement of claim containing irrelevant or prejudicial background and unparticularised allegations were ordered to be struck out or narrowed and an amended statement of claim directed.
27 Feb 2017

WONG v UNITED CHINESE ASSOCIATIONS OF NEW ZEALAND INCORPORATED [2017] NZHC 274

Citation

[2017] NZHC 274
Court

High Court

The 25 October 2015 committee meeting was conducted in breach of natural justice because the persons controlling the meeting deliberately excluded discussion and denied the plaintiff a fair opportunity to defend himself and were deficient in notice of the specific allegations relied upon; accordingly the termination vote is invalid and the plaintiff remains a member of the executive committee.
3 Jun 2016

HOCKENHULL v STEPHENS [2016] NZHC 1242

Citation

[2016] NZHC 1242
Court

High Court

Court found there was a serious question to be tried but not a strong case; the balance of convenience lay against the applicants because of their delay in commencing proceedings, the de facto change in control since 10 April, the imminent annual general meeting in five weeks, and the credible risk of commercial and membership harm if an injunction removed the status quo; accordingly mandatory interim relief was refused.
11 Nov 2011

NEW ZEALAND TAMIL SOCIETY INC V KIELY THOMPSON CAISLEY HC AK CIV-2011-404-0000160

Citation

openlaw-ed98452a_3ee9_45d4_80b3_3992e3789e63.pdf
Court

High Court

The Court held KTC was entitled to recover the whole fees because the internal management rule applied, Mr Gilchrist was entitled to rely on the apparent authority of the majority of the Executive Committee under the rule in Turquand, and the issues raised by the Society did not present errors that were seriously arguable or of sufficient importance to justify a second appeal; accordingly leave to appeal was refused.
13 Jul 2011

THE PHOENIX ASTRONOMICAL SOCIETY INC v HALL HC MAS CIV-2011-435-96

Citation

openlaw-1742ac2d_4cb9_40ee_8a64_8bf4cf32b985.pdf
Court

High Court

Leave to commence by originating application was granted but the substantive relief preventing Mr Hall from standing was refused: although a material conflict of interest was likely, it would not inevitably lead to breach of fiduciary duty and the decision whether to elect Mr Hall should be left to a fully informed membership; costs awarded to respondent on a 2B basis.

New Zealand Case Law

PAUL v DURIE [2017] NZHC 713

WONG v UNITED CHINESE ASSOCIATIONS OF NEW ZEALAND INCORPORATED [2017] NZHC 274

HOCKENHULL v STEPHENS [2016] NZHC 1242

NEW ZEALAND TAMIL SOCIETY INC V KIELY THOMPSON CAISLEY HC AK CIV-2011-404-0000160

THE PHOENIX ASTRONOMICAL SOCIETY INC v HALL HC MAS CIV-2011-435-96