New Zealand Case Law: Decisions & Judgments

Topic

Representation by director

Legal area

Court

29 Apr 2021

FLOW CONTROL LIMITED v IL FORNO LIMITED [2021] NZHC 946

Citation

[2021] NZHC 946
Court

High Court

Leave to permit the sole director (non‑lawyer) to represent the company was refused because the application concerned complex and non‑emergency litigation involving intertwined factual and legal issues, required professional objectivity, the proposed representative was closely associated and a witness, prior proceedings had involved counsel, and the High Court must ensure duties to the court and procedural rigour are observed.
27 Jul 2020

BODY CORPORATE 85978 v SAINT PAULS ASSET MANAGEMENT LIMITED [2020] NZHC 1803 [27 July 2020]

Citation

[2020] NZHC 1803
Court

High Court

Although there was prima facie evidence of insolvency and the plaintiff had standing as a contingent creditor, the Court refused to place the defendant into liquidation at that stage because the plaintiff's claim for costs was unquantified and unfixed; the Court would not order liquidation where the plaintiff had not taken steps to fix the very costs that give it standing and the defendant was given an interim opportunity to secure payment by ordering $15,000 into court and fixing costs on a timetable, with liquidation to follow if payment was not made.
7 Oct 2019

ON-LINE DIGITAL SOLUTIONS LIMITED v NATHAN SANDERS PHOTOGRAPHY LIMITED[2019] NZHC 2524

Citation

[2019] NZHC 2524
Court

High Court

The court permitted the director to represent the company for the limited purpose of costs because the respondent had already appeared and the only issue remaining was costs, and awarded indemnity costs to the applicant because the respondent, through its director, conducted proceedings improperly and abusively; the costs award was entered jointly and severally against the company and the director due to his personal impropriety and control of the proceedings.

New Zealand Case Law

FLOW CONTROL LIMITED v IL FORNO LIMITED [2021] NZHC 946

BODY CORPORATE 85978 v SAINT PAULS ASSET MANAGEMENT LIMITED [2020] NZHC 1803 [27 July 2020]

ON-LINE DIGITAL SOLUTIONS LIMITED v NATHAN SANDERS PHOTOGRAPHY LIMITED[2019] NZHC 2524