30 Jul 2020
Minister of Education v Nayacakalou [2020] NZHC 1874
- Citation
- [2020] NZHC 1874
- Court
- High Court
The appointment was invalid because the special resolution did not have the requisite shareholder votes: votes cast in the name of the deceased shareholder could not be counted because the deceased's shares had not been registered in the transferee's name and s 96 restricts the meaning of shareholder to those entered on the share register; however, reg 36 and s 283 permit the Court to treat the company as in liquidation for acts done in good faith and to appoint replacement liquidators, so the Court declared the appointment invalid but treated the company as having been in liquidation since 1…