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The leading authority in New Zealand on the meaning of the words “oppressive, unfairly discriminatory or unfairly prejudicial” is Thomas v H W Thomas Ltd (1984), where Richardson J held that the expressions are not distinct alternatives but overlap, each helping to explain the other (Richardson J, Thomas v H W Thomas Ltd). The Court considered that it was not necessary for a petitioner to prove a lack of probity or want of good faith towards him or her on the part of those in control of the company. The section is concerned with instances or courses of conduct amounting to an unjust detriment to the interests of a member or members of the company (Watson and Noonan, 2005, p...
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