Christopher Duncan Baker and Kathryn Ann Baker v Wallace Douglas Hodder, Ann Adele Hodder and Kadd Farm Limited - SC 94/2017

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Summary

Whether the Court of Appeal erred in finding that the appeal was moot and that separate leave to appeal the High Court cost awards was required.

Result

A Leave to appeal is granted (Baker v Hodder [2017] NZCA 355).
B The approved question is whether the Court of Appeal should have heard and determined the applicants’ appeal to that Court.  17 November 2017
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A The appeal is allowed.  
B The order made under s 174 of the Companies Act 1993 against the appellants is quashed.
C The respondents must pay the appellants costs of $15,000 plus usual disbursements.
D We quash the costs orders made in the High Court and Court of Appeal.  Costs should be re determined in those Courts in light of this judgment.

22 August 2018

Hearing Transcripts

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