14 Jul 2020
O’BRIEN v PARKINSON v ORS [2020] NZHC 1681
- Citation
- [2020] NZHC 1681
- Court
- High Court
Leave under ss165 and 167 was granted because the applicant established a reasonable likelihood that claims for breach of fiduciary duty, breach of s131 and dishonest assistance/receipt have arguable merit based on contemporaneous documentation and independent expert accounting evidence, and the likely costs do not outweigh realistic relief; it was unjust for the company to bear litigation costs so s166 relief was declined.