JONES and KHOV v TYRELL [2021] NZHC 3084

JONES and KHOV v TYRELL [2021] NZHC 3084

Because the defendant failed to respond or appear and the affidavit evidence established there was no reasonably arguable defence, judgment was entered for the plaintiffs for the debt, interest and costs, and an order was made for delivery up of specified company property.

Source-derived case information.

Citation
[2021] NZHC 3084
Parties
First Plaintiff (liquidator): Kieran Jones; First Plaintiff (liquidator): Steven Khov; Second Plaintiff: Affirmative Limited (In Liquidation); Defendant: Daniel Tyrell
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 November 2021
Procedural Posture
Summary Judgment (liquidation) / Judgment Delivered
Outcome
Judgment for plaintiffs against defendant for debt, interest, costs and delivery up of company property.
Legal Topics
Liquidators' Claims, Director's Current Account, Delivery Up of Company Property and Records, Summary Judgment Test, Interest and Costs
Insolvency Company Law Civil Procedure Debt Recovery Property Law Liquidators' Claims Director's Current Account Delivery Up of Company Property and Records +2 more

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Parties

Kieran Jones

First Plaintiff (liquidator)

Steven Khov

First Plaintiff (liquidator)

Affirmative Limited (In Liquidation)

Second Plaintiff

Daniel Tyrell

Defendant

Procedural Posture

Summary Judgment (liquidation) / Judgment Delivered

Legal Issues

  1. 1 Whether the defendant owes money to the company via a director's current account
  2. 2 Whether the defendant must deliver up company property and records to the liquidators
  3. 3 Whether there is any reasonably arguable defence such that summary judgment is inappropriate

Ratio Decidendi

Because the defendant failed to respond or appear and the affidavit evidence established there was no reasonably arguable defence, judgment was entered for the plaintiffs for the debt, interest and costs, and an order was made for delivery up of specified company property.

Court Disposition

Judgment for plaintiffs against defendant for debt, interest, costs and delivery up of company property.

Orders

  • Judgment for plaintiffs against defendant in the sum of $408,490.72
  • Interest awarded of $1,339.90 in accordance with the Act