RTA · Business Corporations Act
Part 19 — Remedies, Offences and Penalties
243 Court approval of stay, dismissal, discontinuance or settlement
under this Part shall not be stayed or dismissed by reason only that
it is shown that an alleged breach of a right or duty owed to the
corporation or its subsidiary has been or may be approved by the
shareholders of the corporation or the subsidiary, but evidence of
approval by the shareholders may be taken into account by the
Court in making an order under section 215, 241 or 242.
(2) An application made or an action brought or intervened in
under this Part shall not be stayed, discontinued, settled or
dismissed for want of prosecution without the approval of the
Court given on any terms the Court thinks fit and, if the Court
determines that the interests of any complainant may be
substantially affected by the stay, discontinuance, settlement or
RSA 2000
dismissal, the Court may order any party to the application or
action to give notice to the complainant.
(3) A complainant is not required to give security for costs in any
application made or action brought or intervened in under this Part.
(4) In an application made or an action brought or intervened in
under this Part, the Court may at any time order the corporation or
its subsidiary to pay to the complainant interim costs, including
legal fees and disbursements, but the complainant may be held
accountable for the interim costs on final disposition of the
application or action.
1981 cB-15 s235