6 Oct 2016
HODDER v BAKER [2016] NZHC 2384
- Citation
- [2016] NZHC 2384
- Court
- High Court
Given KFL's effective insolvency and demonstrable detriment to the Hodders and related creditor entities, the Bakers' refusal to agree to the special resolution authorising sale of Heron Creek was unfairly prejudicial; it was just and equitable under s 174 to order the defendants to sign the special resolution to permit sale to the Stewarts, while rejecting procedural objections and refusing a stay or amendment to constitution or forced buy-out as unnecessary or inapt.