Johnathan Brian Irvine and others v John Douglas Wilson and others - SC 117/2009

Civil appeal – trusts and trustees – whether second and third appellants, when signing as trustees, can be personally liable under the Trust Deed – whether there was a breach of the Shareholders Agreement due to the failure to get Special Resolutions for significant borrowings and costs as required by the Business Plan specified in the Shareholders Agreement – whether there was a breach of the major transaction requirements of the Companies Act 1993 – additionally, estoppel argument raised for the first time in the Court of Appeal – whether the Court of Appeal erred in failing to provide the appellants the opportunity to consider or provide evidence in opposition to this point.[2009] NZCA 569 CA  232/2009    7 December 2009