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Welsh v Nilsson and Others - [1961] NZLR 644

$30.00

High Court Wellington
29, 30 March; 26 July 1960
Haslam J.
Court of Appeal Wellington
15, 16 September 1960; 10 March 1961
Gresson P., Cleary J., Henry J
Company law — Shareholder seeking to sue for benefit of company — Need to explain absence of company as plaintiff — No action lies where act complained of can be ratified by majority of shareholders — Plaintiff owning half shares — No majority to impose wishes on him — Absence of company sufficiently explained.
Property law — Laches — Action between mortgagor and mortgagee — Need for promptitude where security a business undertaking.
Property law — Mortgage — Mortgagee in possession — Action for accounts — Need for offer to redeem — No need when mortgagee has become owner of security — Laches — Importance of promptitude when security a business undertaking.

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