12 Sept 2011
FRANCES JOY BISHOP, AND ALISTAIR RICHARD JOHN BOWERS (AS TRUSTEE OF THE FRANCES BISHOP TRUST) V NATURAL HEALTH NEW ZEALAND (2002) LIMITED HC NEL CIV-2011-442-113
- Citation
- openlaw-867bac2e_fd9b_4acd_9e86_a2e45484de77.pdf
- Court
- High Court
Leave was granted for the shareholder to defend the company under s165 because the directors were deadlocked and the company would not diligently defend; advertising was stayed with leave to apply on seven days' notice and with reservation if creditors are unpaid; the application to disqualify Mr Bowers was dismissed because the allegations were contested and unsuitable for interlocutory resolution and his status as trustee was evidenced; the abuse of process application was dismissed because disputed factual matters could not properly be resolved on affidavit and any breach would give rise t…