Kuwait Asia Bank EC v National Mutual Life Nominees Ltd - [1990] 3 NZLR 513

Company law — Shareholders — Duty of care — Shareholder in company appointed two directors — Company failed and trustee for depositors sued directors and shareholder alleging negligence — Whether shareholder owed duty of care to company or its creditors or to trustee — Whether shareholder was responsible for negligence of directors whom it had appointed — Whether directors were agents of shareholder — Appeal from [1989] 2 NZLR 50.

Practice and procedure — Service out of jurisdiction — Service without leave — Plaintiff without leave of Court served overseas defendant — Defendant filed appearance under R 131 to protest jurisdiction — Whether if plaintiff was entitled under R 219 to serve proceedings overseas without leave this gave the plaintiff an absolute right to have its claim litigated — Whether Court had discretion to set aside service — Observations as to whether it was desirable that forum conveniens and other discretionary objections to jurisdiction should be able to be raised on an application under R 131 — High Court Rules, RR 131 and 219. — Appeal from [1989] 2 NZLR 50