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.