New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Serious fraud office investigation

Legal area

Court

31 Jul 2018

WAHO v TE KŌHANGA REO NATIONAL TRUST [2018] NZHC 1935

Citation

[2018] NZHC 1935
Court

High Court

Court held there was no objectively supportable factual foundation for the Board's assertions that the trustee brought the Trust into disrepute either by breaching confidentiality or by making serious allegations shown to be unfounded; trustees had contractual and fiduciary duties to inform Ministers of matters of public interest; because the threshold was not met the subsequent Board decision to remove the trustee was unlawful and the trustee is entitled to the honorarium withheld from date of removal to judgment.
7 Mar 2016

LIN v THE REGISTRAR OF COMPANIES [2016] NZHC 395

Citation

[2016] NZHC 395
Court

High Court

The applicant has demonstrated a legitimate and common creditor interest enabling representative proceedings; it is just and equitable to preserve the company's registration and to set aside the liquidator's final report temporarily to permit potential claims arising from an ongoing SFO investigation and thereby avoid prejudice and the risk of multiple liquidations; a limited six‑month stay appropriately balances the need to avoid indefinite limbo with the creditors' entitlement to pursue claims.