New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Relationship property impact on corporate claims
  • 28 Feb 2013

    N M TOBIN ORTHODONTICS LIMITED V SADIE TOBIN HC PMN CIV 2012-454-000440

    Citation
    openlaw-65670860_e9fc_4d1a_ab11_ba25e7cb3dad.pdf
    Court
    High Court

    Applying the factors in s165(2) and the prudent business person test, the Court exercised its discretion to grant leave because, on the facts presented, a prudent business person would bring the claim in the name of the companies; the applicant will fund the proceedings initially.

    • Derivative action
    • S165 companies act 1993
    • Prudent business person test
    • Relationship property impact on corporate claims