13 Jul 2023
AUCKLAND TROTTING CLUB INC v CANAM GROUP LTD [2023] NZHC 1685
- Citation
- [2023] NZHC 1685
- Court
- High Court
Second and third causes as pleaded were struck because ATC sought relief for its own contractual loss rather than alleging harm to the company (CCL) from directors' breaches; declarations under s 301 are not available to a creditor; s 301(1)(c) scope remains unsettled so not grounds to strike out third-party argument; sixth cause (seeking to recover arbitration costs from non-parties) disclosed no cause of action and was struck out; ATC given leave to amend to plead causation and identify proper s 301 basis and measure of loss and must address FTA damages measure and limitation issues.