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Limited Partnerships Act 2008

General - Derivative actions

84: Powers of Court where leave granted

You could also call this:

"What the Court can do if it lets you take a case against a limited partnership"

Illustration for Limited Partnerships Act 2008

If you are a partner in a limited partnership and you have the Court's permission to bring a case, the Court can make decisions about what happens next. The Court can make any order it thinks is necessary, and this can include letting you or someone else control what happens in the case, which is allowed under section 82. The Court can also give instructions on how the case should be handled and ask the limited partnership or its general partners for information or help. The Court has the power to decide who gets any money that is awarded in the case, and it can say that the money should go to the partners instead of the limited partnership. You can find similar rules in s 167.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1139246.

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83: Costs of derivative action to be met by limited partnership, or

"Who pays the costs when a partner in a limited partnership takes legal action"

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85: Compromise, settlement or withdrawal of derivative action, or

"Stopping or settling a court case you started as a limited partnership partner"

Part 2General
Derivative actions

84Powers of Court where leave granted

  1. The Court may, at any time, make any order it thinks fit in relation to proceedings brought by a partner or in which a partner intervenes, as the case may be, with leave of the Court under section 82, and without limiting the generality of this section, may—

  2. make an order authorising the partner or any other person to control the conduct of the proceedings:
    1. give directions for the conduct of the proceedings:
      1. make an order requiring the limited partnership or the general partners to provide information or assistance in relation to the proceedings:
        1. make an order directing that any amount ordered to be paid by a defendant in the proceedings must be paid, in whole or part, to former and present partners of the limited partnership instead of to the limited partnership.

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