22 Aug 2018
BAKER v HODDER [2018] NZSC 78
- Citation
- [2018] NZSC 78
- Court
- Supreme Court
The Court allowed the appeal, holding the Court of Appeal should have heard the appeal; the High Court's final s174 order requiring the appellants to sign the s129 special resolution was quashed because the hearing process miscarried and the remedy was inappropriate and risked usurping statutory shareholder rights under s129; s174 can reach conduct by shareholders in limited circumstances but orders compelling shareholders to sign special resolutions are improper absent a fair hearing and clear basis for such relief.