New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Share transfer registration

Legal area

Court

17 May 2017

POWERSHARES LP v TRUSTPOWER LIMITED [2017] NZHC 998

Citation

[2017] NZHC 998
Court

High Court

The Court exercised its discretion to transfer the proceeding to the District Court because the claim fell within District Court monetary jurisdiction, raised no novel or complex legal issues, was likely to be disposed of in a short hearing, and policy and precedent favor resolution in the lower court; therefore transfer was ordered.
3 Jul 2009

SHAWYER V THOW HC INV CIV-2009-425-000177

Citation

openlaw-9ae4cec6_be34_40ca_80dd_321c1a4b4b44.pdf
Court

High Court

On an objective assessment the defendant had no arguable defence under s9 FTA because there was no evidence vendor knew of the director's intention to refuse registration, both parties were or should have been aware of industry attitudes to cross-shareholding, and the executed contract only obliged the vendor to deliver an executed share transfer on payment; accordingly specific performance was ordered and defendant required to settle.