New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Shareholder rights and duties
  • 22 Aug 2018

    BAKER v HODDER [2018] NZSC 78

    Citation
    [2018] NZSC 78
    Court
    Supreme Court

    The Court allowed the appeal, holding the Court of Appeal should have heard the appeal; the High Court's final s174 order requiring the appellants to sign the s129 special resolution was quashed because the hearing process miscarried and the remedy was inappropriate and risked usurping statutory shareholder rights under s129; s174 can reach conduct by shareholders in limited circumstances but orders compelling shareholders to sign special resolutions are improper absent a fair hearing and clear basis for such relief.