New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Appointment and removal of directors

Legal area

Court

9 Apr 2014

STRAHL v McKINNON AND ORS [2014] NZHC 730

Citation

[2014] NZHC 730
Court

High Court

The applicants failed to establish a sufficient common question of law or fact between the Wellington proceeding and the Auckland Directions proceeding to justify transfer and consolidation under r 10.12/r 10.13; the Wellington issue is a narrow question of statutory/constitutional construction that can be resolved efficiently in Wellington (one to two days), relevant background evidence can be provided by affidavit, and there is real potential prejudice to respondents if consolidation were ordered; therefore the transfer/consolidation application is refused and an early Wellington fixture is…
10 Feb 2012

GILLAM V GILLAM HC CHCH CIV-2012-409-000060

Citation

openlaw-da63db03_b7b1_482e_a942_498dee13aca4.pdf
Court

High Court

The Court held there was jurisdiction under s174 of the Companies Act to grant interim relief because there was a serious arguable case that the company's affairs were being and likely to be conducted in an unfairly discriminatory manner and that trustee deadlock left the sole director effectively unrestrained; therefore limited, proportionate interim mandatory relief was justified to prevent imminent risk to beneficiaries and preserve the status quo pending full hearing.