New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Special resolution

Legal area

Court

3 Aug 2017

BAKER v HODDER [2017] NZCA 355

Citation

[2017] NZCA 355
Court

Court of Appeal

The appeal was dismissed as moot because the subject asset had been sold and the sale proceeds applied to company debts, leaving no live issue for the Court to determine; accordingly the Court declined to consider the merits or admit further evidence and made no costs order.
17 Jun 2011

WAIKATO-TAINUI TE KAUHANGANUI INCORPORATED V TANIA ERIS MARTIN HC HAM CIV-2011-419-796

Citation

openlaw-04f8c9ae_d10e_4128_b7f7_5d5201c64fe2.pdf
Court

High Court

There was a strong arguable case that the 13 May notice was defective and the 3 June notice did not comply with the 21-day requirement; the proposed removal resolution was prima facie invalid due to rule ambiguity and the requirement for a special resolution; balance of convenience and risk of unlawful proceedings justified interim restraint of the meeting until valid notice and proper procedure were given.