New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Director appointment validity

Legal area

Court

5 Apr 2018

SHARROCK v WEDD [2018] NZHC 603

Citation

[2018] NZHC 603
Court

High Court

The Court awarded costs to the plaintiff against the second defendant on a category 2B scale with a 10% uplift and disbursements as claimed, rejecting the plaintiff's requested 50% uplift as excessive; the claim for costs against the adjudicated bankrupt (first defendant) is stayed by s 76 and adjourned for the Official Assignee to indicate whether the Court should exercise its discretion under s 76(2) to allow the proceeding to continue to quantify costs.
26 Jul 2017

SHARROCK v WEDD [2017] NZHC 1739

Citation

[2017] NZHC 1739
Court

High Court

Plaintiff provided convincing contemporaneous documentary and bank evidence that he caused payments meeting his obligations under the Deed by 25 March 2013, thereby becoming entitled to 50% of Affordable's shares; Affordable had no constitution so any subsequent director appointment required a valid ordinary shareholders' resolution which did not exist or bear the plaintiff's assent; accordingly Registrar's proposed rectification was justified and the purported appointment of the liquidator was invalid; defendants offered no real defence to these core facts, permitting summary judgment.