19 Jul 2023
STEWART v STEWART [2023] NZHC 1889
- Citation
- [2023] NZHC 1889
- Court
- High Court
Given the risk to the company's reputation and viability and the inability of the parties to resolve disputed control post‑separation, the Court exercised its powers under ss164 and 170 to grant interim relief to preserve company value: the balance of convenience favoured the plaintiff, supported by an undertaking as to damages, and it was just and equitable to require the defendant to authorise appointment of an independent accountant and payments of properly payable wages and supplier invoices and an interim portion of the plaintiff's salary, while restraining the defendant from breaching d…