New Zealand Case Law: Decisions & Judgments

Topic

Shareholder inspection rights

Legal area

Court

20 Jul 2023

WAGNER v B PROPERTY GROUP LIMITED [2023] NZHC 1898

Citation

[2023] NZHC 1898
Court

High Court

The court held BPGL had no sufficient reason to refuse the s 178 request, BPGL's objection on specificity was unfounded given the identified documents and prior concessions, and ordered BPGL to produce specified financial and company records within statutory timeframes (10 working days generally, certain items within 5 working days); the court rejected adding a 'power and control' qualifier and refused to grant an extended 15 working day compliance period.
28 Feb 2018

BROWN v NU BUILD PROJECT MANAGEMENT LTD [2018] NZHC 267

Citation

[2018] NZHC 267
Court

High Court

The applicant was entitled to costs because the proceedings were reasonably necessary to obtain documents the respondent had initially refused; the respondent's pre-litigation letter did not constitute an offer to provide all documents; costs were fixed on a 2B basis and the respondent was ordered to pay $7,500 plus disbursements of $632.
16 Dec 2009

DEAN ROBERT LAWRENCE V GLYNBROOK 2001 LIMITED AND ORS HC DUN CIV 2009 412 000713

Citation

openlaw-288b9ace_6057_4c07_a803_0d4820649d70.pdf
Court

High Court

Threshold under r5.45(1) satisfied because plaintiff is impecunious; balancing merits and access to justice the court ordered security limited to protect defendants on the substantive first cause while preserving plaintiff's statutory rights on the second cause. Because the second cause (shareholder inspection) is strong and discovery necessary, discovery/orders on the second cause proceed without security. The appropriate quantum is approximately 50% of a 2B estimate given case complexity: $14,000 in two tranches, with stay of the first cause until first tranche provided and full stay unless…

New Zealand Case Law

WAGNER v B PROPERTY GROUP LIMITED [2023] NZHC 1898

BROWN v NU BUILD PROJECT MANAGEMENT LTD [2018] NZHC 267

DEAN ROBERT LAWRENCE V GLYNBROOK 2001 LIMITED AND ORS HC DUN CIV 2009 412 000713