New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Director resignation

Legal area

Court

1 Dec 2011

TE TUMU ROLLESTON V CHRISTCHURCH RESIDENTIAL CARE LIMITED HC CHCH CIV 2011-409-001301

Citation

openlaw-2f6a24ab_6cc2_4d9f_8f24_25f8d7cfedfa.pdf
Court

High Court

The Court exercised its discretion under s 174(2) of the Companies Act 1993 to make interim orders preserving the status quo: the second defendant is to continue to receive the same remuneration as previously received pending final adjustment, and may receive company financial information; leave is reserved for further adjustment.
5 Sept 2007

THE ORTHODONTIC CENTRE LTD V M D COURTNEY ORTHODONTICS LTD AND ANOR HC PMN CIV-2006-454-238

Citation

openlaw-a2340163_6906_499c_9615_c66692998558.pdf
Court

High Court

Summary judgment was refused because defendants had arguable defences and factual disputes precluded judgment as a matter of law; liquidation was refused because the company was solvent with no creditors and the necessary strong case for winding up was not established; instead, the court ordered relief under Companies Act s174(2)(a) to require Mr Tobin (or his nominee) to acquire the Courtney interests at fair market value using an expert valuer (appointed by agreement or by the President of the New Zealand Society of Accountants if not agreed), with valuation date 1 February 2006, payment an…