15 Aug 2006
FRANCIS V NEW ZEALAND FORGINGS LIMITED AND ANOR HC AK CIV-2006-404-519
- Citation
- openlaw-f644a916_effd_49f7_828a_859adb8206dc.pdf
- Court
- High Court
The Court held that allegations of pre‑acquisition misrepresentation inducing purchase of shares and claims for employment compensation (remuneration as general manager) cannot be remedied under s174 because they do not relate to acts of the company nor to the applicant qua shareholder at the relevant time, and employment claims fall within the exclusive jurisdiction of the Employment Relations Authority; those parts of the statement of claim were struck out, while claims related to the plaintiff's removal as director, dividend entitlement and a potential share buy‑back remain tenable and sur…
- Oppression (s174 companies act 1993)
- Share purchase agreement
- Misrepresentation
- Personal grievance / unjustified dismissal
- Strike out application (r186)
- Share buy-back