Dismissal of the Liquidator; Appointment of an Auditor

Facts

The appellant [X.] as the majority shareholder and creditor of [Z. AG] in liquidation filed a request with the President of the Cantonal Court of Nidwalden to appoint [Y.] as the liquidator and [A.] as the auditor for [Z. AG] in liquidation. The President of the Cantonal Court dismissed the request on 3 June 2008.

The appellant filed a nullity appeal against this decision with the High Court of the Canton of Nidwalden. The High Court dismissed the appeal on 25 March 2009.

The appellant then filed a civil law appeal with the Federal Supreme Court, requesting that the appointment of [B.] as the liquidator of [Z. AG] be retroactively declared invalid and that [Y.] be appointed as the liquidator and [A.] as the auditor.

Considerations

The Federal Supreme Court states that the appeal against the judgment of the High Court is largely unfounded. The appellant has not sufficiently demonstrated the violation of federal law…