New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Oppressive conduct (s 174 companies act)

  • 3 Sept 2020

    COUPE v LEARMONTH [2020] NZHC 2281

    Citation
    [2020] NZHC 2281
    Court
    High Court

    The plaintiff's claim was poorly pleaded and had significant shortcomings but was not, on the available material, shown to be incontrovertibly meritless or vexatious; however, because the defendants gave detailed notice in a Calderbank letter on 19 November 2019 and the plaintiff continued to pursue the claim unreasonably for six more months, an uplift of 50% from 19 November 2019 on scale costs was justified; indemnity costs were not awarded; costs for preparation of submissions for unheared applications were recoverable as they were prepared before abandonment in the customary timetable.

    • Oppressive conduct (s 174 companies act)
    • Increased costs
    • Indemnity costs
    • Calderbank correspondence
    • Abandoned claim
    • Strike-out and security for costs applications

  • 12 Apr 2017

    WILDING & ANR v TE MANIA LIVESTOCK LTD & ORS [2017] NZHC 717

    Citation
    [2017] NZHC 717
    Court
    High Court

    Court held TML was ungovernable under current structure and liquidation is not the appropriate remedy; instead First Plaintiff (Timothy Wilding) is granted a conditional opportunity to purchase the other shareholders' shares at a court-fixed fair value subject to strict terms. Key claims failed: WHHL did not owe enforceable right to renew Lagoon Flat in the terms pleaded and plaintiffs failed to prove loss; TMPL's lease claims (fertiliser, fences, rates, maintenance) were not proven to legal standard; DOC grazing licence held for TML (acquired by Mr and Mrs Wilding for TML); stock welfare pro…

    • Oppressive conduct (s 174 companies act)
    • Directors' duties and conflicts
    • Right of first refusal/lease renewal
    • Lease and licence issues (property law act)
    • Share valuation and buy-out vs liquidation
    • Derivative proceedings