2 Sept 2021
BIRCHFIELD v BIRCHFIELD HOLDINGS LTD [2021] NZCA 428
- Citation
- [2021] NZCA 428
- Court
- Court of Appeal
An adjusted buy‑out offer (August 2020 offer modified to extend costs to June 2020), providing purchase at fair value (no minority discount) determined by an independent valuer with full access to records and express valuation adjustments for alleged issues, would cure any arguable unfair prejudice under s 174 and render the claim incapable of succeeding; leave to adduce recent audited financial statements was granted and conditional directions for dismissal and costs were made.
- S 174 companies act 1993
- Unfair prejudice
- Buy‑out offers
- Summary judgment
- O'neill principle
- Quasi‑partnership