New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Shareholder contributions

Legal area

Court

3 Oct 2018

CLOVER4 LIMITED v BOURKE & ORS AS TRUSTEES OF THE JHB TRUST [2018] NZHC 2585_x000b_

Citation

[2018] NZHC 2585
Court

High Court

There was a real and substantial dispute as to whether the $500,000 payments were payment for shares or loans/advances such that it would be inappropriate to enforce the statutory demand; accordingly the statutory demand was set aside under s 290(4) and the dispute must be resolved in ordinary litigation with full pleadings and evidence.
19 Sept 2013

HALL v ROBINSON AND JOHNSEN [2013] NZHC 2476

Citation

[2013] NZHC 2476
Court

High Court

Except for the initial $52,000 which was a personal advance to Robinson, the subsequent advances were made to the company; the 13 August 2008 acknowledgment did not create a new cause of action against Mrs Johnsen because there was no consideration and acknowledgments cannot themselves found substantive contractual rights, and estoppel by representation cannot be used to create a cause of action; issue estoppel did not apply to bind the court to the earlier interlocutory minute given the procedural context.