16 Mar 2023
CARTER v CANTERBURY DESIGN AND DEVELOPMENT LIMITED [2023] NZHC 529
- Citation
- [2023] NZHC 529
- Court
- High Court
The Court set aside the appearance insofar as the statement of claim concerned the asserted entitlement to shares and appointment of a director because the shareholders agreement already recorded Swann as a shareholder and his nominee as a director as at its date; the defendants had no arguable legal defence to refuse transfer based on the working capital issue, so the arbitration clause did not bar the Court from determining the share/director claim and the 'clean hands' defence did not apply where defendants had no legal justification for refusing to transfer.