New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dissolution

Legal area

Court

6 Aug 2015

SE SWISS ENTREPRENEUR AG v KIWI DEPOSIT BUILDING SOCIETY [2015] NZHC 1851

Citation

[2015] NZHC 1851
Court

High Court

The Court granted leave to amend because the pleaded amendments raised arguable and non‑frivolous issues (including a potential sham and a different, expert‑supported method of interest calculation), the amendments were necessary to determine the real controversy, the delay was not shown to be tactical and prejudice to the plaintiffs was manageable subject to conditions (election, timetable or adjournment and costs).
18 Sept 2006

FRANICH V HARRISON HC AK CIV-2003-404-4131

Citation

openlaw-fa38d57e_8b73_4cb5_866b_dc6fafa08e3e.pdf
Court

High Court

The 7 June 2002 agreement created a partnership between Franich and Harrison; Harrison breached his fiduciary duties by retaining the $65,000 capital contribution and failing to reimburse $10,000 of syndication proceeds and must account and disgorge those amounts; the Magic Ring Syndicate agreement did not create a partnership but Harrison acted as agent and owed fiduciary duties as manager, improperly taking $50,000 which he must disgorge though he may have an unresolved quantum meruit claim; the 6 August 2003 committee resolutions were invalid for lack of proper constitution and could not l…