New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Minority oppression

Legal area

Court

14 Apr 2021

BI v WESTCOAST MINING LTD [2021] NZHC 802

Citation

[2021] NZHC 802
Court

High Court

Leave to file the out-of-time counterclaim was granted because the proposed counterclaim raised matters directly relevant to the statement of claim, would not broaden discovery or increase hearing time, and no rule in Part 18 or r18.14A(2) barred such a counterclaim; case management and efficiency justified granting leave.
23 May 2007

BRIAN JOHN SAGE V DOUGLAS LLOYD SOMERS-EDGAR AND ORS HC AK CIV-2006-404-7717

Citation

openlaw-d48830cd_c23f_4dad_ad01_2a581819acaf.pdf
Court

High Court

The interim injunction was refused because there was no serious issue as to the debenture's validity, reasonable time had been given for repayment, and although oppression raised a serious question damages were adequate; balance of convenience favoured defendants because company finances required disposal of assets; accordingly costs were fixed against the plaintiff on a 2B basis with a half‑day additional allowance and disbursements allowed, and no reservation of costs was made.