New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Shadow director liability

Legal area

Court

25 Jan 2023

H CONSTRUCTION NORTH ISLAND LTD (in rec and in liq) v McCONNELL [2023] NZHC 26

Citation

[2023] NZHC 26
Court

High Court

Full McConnell Group board documents (Board minutes, Executive Leadership minutes, Board reports, Managing Director's reports) and audit committee minutes for Jan 2011–Mar 2018 are relevant within r 8.7 and r 8.19 and must be produced; the defendants must provide a rule‑compliant affidavit giving further detail of privileged groups and evidencing confidentiality claims and proposed inspection/use limits; the burden and cost of review are proportionate and justified given importance to pleaded issues.
28 Aug 2007

KRTOLICA V WESTPAC HC AK CIV 2006-404-3999

Citation

openlaw-1a6d830d_1c38_44b6_b3c4_497af46537fc.pdf
Court

High Court

Leave to file the amended statement of claim was granted because the proposed statutory claims and additional particulars arose from the same factual matrix as the existing shadow director cause of action, the factual inquiry at trial would be substantially the same, prejudice to the defendant was limited and outweighed by the need to resolve the issues in a single proceeding; allegations of fraud could be addressed by particulars in witness briefs or by strike-out if inadequate; timetable for filing briefs was extended to accommodate lateness.