New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Leave to sue

Legal area

Court

24 Feb 2020

X & J TRADING NZ LIMITED v WAYNE AND NANCY LIMITED [2020] NZHC 251

Citation

[2020] NZHC 251
Court

High Court

Because company business is conducted by the board under s138(1) and a shareholder lacks authority to sue in the company's name absent leave under s165, proceedings filed in the name of the companies without prior leave were procedurally and legally invalid and must be struck out.
22 Sept 2015

BALLANTYNE TRUSTEES LIMITED v PAPPRILL HADFIELD & ALDOUS SOLICITORS NOMINEE COMPANY LIMITED [2015] NZHC 2294

Citation

[2015] NZHC 2294
Court

High Court

S165 leave was refused because applicants failed to establish a prudent business person would commence the proposed High Court claim given the absence of expert valuation and marketing evidence and low prospect of success; s284 relief was refused because applicants failed to show a credible factual basis or that the liquidators' decision not to sue was unreasonable; the liquidators' decision was reasonable on the evidence.