New Zealand Case Law: Decisions & Judgments

Topic

Oppression under s 174 companies act 1993

Legal area

Court

3 Jul 2017

TEECE v KUWAIT FINANCE HOUSE (BAHRAIN) BSC [2017] NZHC 1518

Citation

[2017] NZHC 1518
Court

High Court

The Court ordered further and better answers to specified interrogatories where existing answers were ambiguous, evasive or too general and where the information was relevant to alleged oppressive conduct; the Court declined to compel KFH to obtain records from Canterbury's agents (distinguishing Henwood) and declined an order on one question rendered unnecessary by a discovered email; answers were ordered within 10 working days and costs were awarded to the plaintiff.
9 Dec 2013

WALKER v G2 FINANCE HOLDINGS LTD CA392/2013 [2013] NZCA 626

Citation

[2013] NZCA 626
Court

Court of Appeal

The lack of mutuality/identity of parties between the District Court proceeding and the proposed s 174 oppression proceedings was fatal to an equitable set-off; the proposed s 174 claim would be brought by the trustees of the family trust not by Mr Walker, there are no rare circumstances justifying waiver of mutuality, the issue is fact-specific and settled law, and delay and failure to prosecute the proposed proceedings make leave inappropriate.
12 Sept 2011

FRANCES JOY BISHOP, AND ALISTAIR RICHARD JOHN BOWERS (AS TRUSTEE OF THE FRANCES BISHOP TRUST) V NATURAL HEALTH NEW ZEALAND (2002) LIMITED HC NEL CIV-2011-442-113

Citation

openlaw-867bac2e_fd9b_4acd_9e86_a2e45484de77.pdf
Court

High Court

Leave was granted for the shareholder to defend the company under s165 because the directors were deadlocked and the company would not diligently defend; advertising was stayed with leave to apply on seven days' notice and with reservation if creditors are unpaid; the application to disqualify Mr Bowers was dismissed because the allegations were contested and unsuitable for interlocutory resolution and his status as trustee was evidenced; the abuse of process application was dismissed because disputed factual matters could not properly be resolved on affidavit and any breach would give rise t…

New Zealand Case Law

TEECE v KUWAIT FINANCE HOUSE (BAHRAIN) BSC [2017] NZHC 1518

WALKER v G2 FINANCE HOLDINGS LTD CA392/2013 [2013] NZCA 626

FRANCES JOY BISHOP, AND ALISTAIR RICHARD JOHN BOWERS (AS TRUSTEE OF THE FRANCES BISHOP TRUST) V NATURAL HEALTH NEW ZEALAND (2002) LIMITED HC NEL CIV-2011-442-113