30 Sept 2016
RE HIN-PRO INTERNATIONAL LOGISTICS LTD
- Citation
- RE HIN-PRO INTERNATIONAL LOGISTICS LTD
- Court
- Court of Appeal
- Case number
- CACV54/2016
The Court of Appeal held there is jurisdiction to amend a creditor's winding-up petition to include debts arising after presentation; the Eshelby rule does not apply to creditor's petitions because of the public interest in winding-up, the facility for other creditors to appear, substitution rules and statutory recognition of future creditors; the court should exercise its discretion to allow amendments unless it is readily apparent they are bound to fail, to avoid multiplicity and waste.