17 May 2019
SOMA v NATH [2019] NZHC 1088
- Citation
- [2019] NZHC 1088
- Court
- High Court
The company was a vehicle for a largely cash business run informally by the parties; both directors failed to discharge duties and the company had no meaningful separate assets; plaintiff failed to prove oppressive conduct or speculative large loss; cash advances given by plaintiff for vehicles were monies received by the first defendant personally and not repaid, resulting in personal liability; plaintiff proved entitlement to recover discrete sums for loans ($85,000) from the first defendant and $11,000 from the company in respect of the HiAce van sale; counterclaim failed for lack of evide…