New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Oppressive conduct (s174 companies act 1993)

  • 11 Aug 2021

    MIRZA v SINGH and GAIKWAD [2021] NZHC 2081

    Citation
    [2021] NZHC 2081
    Court
    High Court

    There was a serious issue to be tried under s174 given expert and accounting evidence of significant unexplained discrepancies; the balance of convenience and overall justice required preservation of the status quo pending an independent forensic investigation because removal of the plaintiff as director would impede necessary inquiries and could not be adequately remedied by damages; accordingly interim relief restraining removal and preserving funds in solicitors' trust was justified and granted.

    • Oppressive conduct (s174 companies act 1993)
    • Interim injunction
    • Director removal
    • Forensic accounting and discovery
    • Shareholder dispute

  • 18 Mar 2015

    HARICOT INVESTMENTS LIMITED v MAEREWHENUA DISTRICT WATER RESOURCE COMPANY LIMITED [2015] NZHC 518

    Citation
    [2015] NZHC 518
    Court
    High Court

    Plaintiff was only partially successful (success on one issue concerning cl 14.4); starting point 3C is appropriate but must be discounted by 66% to reflect limited success and inefficiencies caused by plaintiff's broad pleadings and failure to identify core issues earlier; uplift denied; expert witness fees on valuation ($49,579.27) disallowed as not relevant to issues of success; routine office disbursements allowed; no costs awarded to defendant on the costs application and no costs to either party for making costs applications.

    • Oppressive conduct (s174 companies act 1993)
    • Costs assessment under high court rules r14.2/r14.6/r14.7
    • Recoverability of disbursements
    • Share redemption
    • Discovery and disclosure
    • Water supply agreement interpretation