29 Aug 2022
GREEN v GILLETTE [2022] NZCA 408
- Citation
- [2022] NZCA 408
- Court
- Court of Appeal
The appeal is dismissed because the High Court correctly found that Green, as majority controller, engaged in oppressive, unfairly prejudicial conduct by excluding Gillette from governance and unilaterally transferring company assets to a company Green controlled; the shareholders agreement vested intellectual property in the company; misrepresentation claims failed on whole agreement/no particularity; and fair value for the 49% shareholding is appropriately proxied by the $120,000 third‑party purchase price of the business, yielding a $60,000 buyout obligation plus interest and attendant sha…