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Gavigan v Eichelbaum - [2018] 2 NZLR 530

$30.00

Court of Appeal Wellington
CA237/2016; [2017] NZCA 412
15 March; 19 September; 6 October 2017
Kós P, French and Asher JJ
Litigation funding arrangement — Payment for role in litigation — Option to take shareholding in litigation-fund manager at end of litigation — Whether project management fee included in shareholding — Company director taking project management fee — Representations by director — Misleading and deceptive conduct — Whether representations were as to future intent — Whether minority shareholders prejudiced by director’s conduct — Oppressive conduct — Suppression orders — Fair Trading Act 1986, s 9.
Company Law — Minority shareholders — Oppressive conduct — Litigation-fund manager — Payment for role in litigation through future shareholding in litigation-fund manager — Dispute over entitlement to percentage of project management fee — Director taking project management fee — Whether shareholders prejudiced — Whether events occurring before becoming shareholder — Companies Act 1993, s 174.
Fair Trading Act 1986 — Misleading and deceptive conduct — Litigation-fund manager — Payment for role in litigation through future shareholding in litigation-fund manager — Alleged promises over entitlement to percentage of project management fee — Expectations — Intention to carry out promise — Whether promises were representations as to future intent — Fair Trading Act 1986, s 9.

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