20 Dec 2016
BUTCHER v BODY CORPORATE 342525 [2016] NZHC 3128
- Citation
- (2016) 17 NZCPR 708
- Court
- High Court
The plaintiffs' attempt to relitigate the core vires question by relying on the subsequent Butcher consent was an abuse of process (Henderson v Henderson) and the consent was, in any event, neither credible nor cogent; unpaid levies barred the plaintiffs (except Stent for EEGM) from voting under mandatory s 96(3) so the challenged resolutions were valid; the only declaration granted was that the AGM audit‑dispensing resolution was invalid insofar as it purported to dispense with audits for future accounting periods; s 210 relief was refused for lack of standing/vote and on merits.