High Court Wellington
21, 22, 24, 25, 28, 29 June; 7 July 1993
Hammond J
21, 22, 24, 25, 28, 29 June; 7 July 1993
Hammond J
Administrative law — Judicial review — Ultra vires — Whether new shares in a company carrying on business relating to electric power must be issued to a local authority — Waikato Electricity Authority Act 1988, s 21(4).
Administrative law — Judicial review — Whether Electricity Authority had predetermined issue — Whether Electricity Authority had fettered its discretion — Whether Electricity Authority had followed statutory requirements for share sale — Whether carrying out of statutory obligation is the making of a decision "deciding . . . the rights of any person" — Judicature Amendment Act 1972 — Energy Companies Act 1992, s 71.
Company law — Shares — Nature of pre-emptive rights in shares — Whether right on new issue is a present right or an inchoate right of first refusal — Classification of shares when issued.
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