2 Dec 2008
GERRARD AND ANOR V BRYANT HC WN CIV 2006-485-1652
- Citation
- openlaw-771b07cf_4bcd_4118_9a52_53103c84677b.pdf
- Court
- High Court
On the evidence the alleged pre‑contractual representations were not established; consequently the implied terms relied on could not be implied and failed the BP Refinery criteria; the asserted breaches of the restraint clause were not proved (other than delayed removal of Corporate Seating from the register which caused no loss); the s174 claim failed because the conduct complained of prejudiced the company not the shareholder in their capacity as shareholder; and the statutory demand was not set aside as the Court exercised its discretion to allow prompt resolution of the company's dysfunct…