12 Jul 2021
PARKINSON v O’BRIEN ON BEHALF OF GENERAL DYNAMICS CORPORATION LIMITED [2021] NZCA 309
- Citation
- [2021] NZCA 309
- Court
- Court of Appeal
The Court held that the High Court's grant of leave under s165 was a final statutory determination that is appealable without prior leave under the Senior Courts Act; on the statutory s165 criteria the High Court correctly applied the prudent business person standard, correctly concluded there was an arguable case as to breach of fiduciary duty, related statutory duties and dishonest assistance/receipt and resulting trust, and correctly found the likely relief justified the costs; accordingly the appeal was dismissed and limited additional evidence (specified bank and trust documents and an a…