High Court Wellington
25, 28 June; 6 August 1990
Wylie J
25, 28 June; 6 August 1990
Wylie J
Administrative law — Judicial review — Companies Special Investigations Act and Corporations (Investigation and Management) Act — By Order in Council made on the advice of the Minister of Justice a large group of companies was placed under statutory receivership under the Companies Special Investigations Act on grounds that it was desirable for protection of shareholders and creditors and inadequacy of other protection — On repeal of that Act same group of companies was placed under statutory management under the Corporations (Investigation and Management) Act — Plaintiff sought review of Minister's conclusions as to certain companies — Whether sufficiency of material upon which Minister based his conclusions was reviewable — Whether correctness of Minister's conclusions was reviewable — Whether Minister could consider company and its subsidiaries collectively — Whether Minister had sufficient evidence or material to reach his conclusions — Whether Orders in Council were valid — Companies Special Investigations Act 1958, s 3(4) — Corporations (Investigation and Management) Act 1989, ss 4 and 75.
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