Court of Appeal Wellington
CA 438/2023
12 March; 22 May 2024
French, Palmer and Cooke JJ
CA 438/2023
12 March; 22 May 2024
French, Palmer and Cooke JJ
Companies — Prohibited from managing companies — Mismanagement — Property development — Shell company — Director entering company into contractual obligations exposing it to liability without ability to pay — Lack of commitment to fund company — No clear understanding of costs to be incurred — No fixed price — Whether form of contract relevant to mismanagement — No entitlement to land subject of development — Removal of caveats required — Whether reliance on legal advice factor to be taken into account — Discretion — Extent of loss to creditors — Companies Act 1993 ss 138 and 385.