10 Nov 2006
WORLDWIDE NZ LLC AND ANOR V QPAM LTD AND ANOR CA CA122/06
- Citation
- openlaw-d093770b_4ca1_4d38_840b_eefe30abedf2.pdf
- Court
- Court of Appeal
The trust deed's clear wording treated the change in control as an actual disposal placing Worldwide in default of the pre-emption provisions; accordingly Worldwide lost ongoing shareholder/unit-holder rights pending the pre-emption sale process and an interlocutory injunction was refused because the balance of convenience favored the respondents given their majority position and the protective undertakings offered.