New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Validity of special resolution

Legal area

Court

1 Jul 2015

D GRANT AND S KHOV v ML TRUSTEES 2711 LIMITED [2015] NZHC 1503

Citation

[2015] NZHC 1503
Court

High Court

The court held the purported defect (failure of the corporate co‑trustee to sign the special resolution) was retrospectively validated by the conduct and inaction of ML Trustees 2711 Limited and related parties (including withdrawal of MLT's substantive challenge before Heath J), so the appointment of the applicants as liquidators on 16 January 2014 is confirmed; objections about liquidators' conduct are collateral issues for separate review and do not invalidate the appointment.
25 Feb 2015

ML TRUSTEES 2711 LIMITED v KHOV and GRANT [2015] NZHC 276

Citation

[2015] NZHC 276
Court

High Court

The applicant withdrew the substantive challenge; accordingly the Court dismissed the substantive application and the security for costs application as redundant and refused to make a confirmation order without a proper separate originating application by the liquidators, directing them to commence that proceeding and setting a timetable and service directions as the appropriate procedure where an appointment is disputed.