MANAGH V MORRISON HC NAP CIV-2009-441-000522

MANAGH V MORRISON HC NAP CIV-2009-441-000522

The judge recalled the earlier judgment because, given the omission to address the defendants' cross-application and the unfairness and additional cost that omission would cause, justice required recall so a fresh judgment could address the additional issues.

Citation
openlaw-5ea03726_ba06_43d5_a415_ed1efed756c3.pdf
Parties
Applicant (liquidator): John Francis Managh as Liquidator of Dandelion Limited (in liquidation); First Defendant (trustees): Christopher William Morrison & Gregory Michael Morrison as Trustees of the C W Morrison Family Trust; Second Defendant (trustees): Christopher William Morrison & Peter Clennell Fenwicke as Trustees of the C W Morrison 1996 Business Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 August 2011
Procedural Posture
Liquidation Proceedings Under the Companies Act 1993 and Property Law Act 2007 / Post Judgment — Judgment Recalled; Fresh Judgment to Be Delivered Addressing Additional Issues
Outcome
Judgment recalled; fresh judgment to be delivered addressing the defendants' cross-application and related issues
Legal Topics
Voidable Transaction, Assignment of Cause of Action, S 292 Companies Act 1993, Declaration of Nullity Under Property Law Act 2007, Recall of Judgment (high Court Rules R 11.9), Leave to Apply for Directions S 284
Company Law Property Law Insolvency Law Civil Procedure Voidable Transaction Assignment of Cause of Action S 292 Companies Act 1993 Declaration of Nullity Under Property Law Act 2007 +2 more

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Parties

John Francis Managh as Liquidator of Dandelion Limited (in liquidation)

Applicant (liquidator)

Christopher William Morrison & Gregory Michael Morrison as Trustees of the C W Morrison Family Trust

First Defendant (trustees)

Christopher William Morrison & Peter Clennell Fenwicke as Trustees of the C W Morrison 1996 Business Trust

Second Defendant (trustees)

Procedural Posture

Liquidation Proceedings Under the Companies Act 1993 and Property Law Act 2007 / Post Judgment — Judgment Recalled; Fresh Judgment to Be Delivered Addressing Additional Issues

Legal Issues

  1. 1 Whether the assignment of a cause of action by Dandelion Ltd was a voidable transaction under s 292 Companies Act 1993
  2. 2 Whether, alternatively, the assignment was a nullity under the Property Law Act 2007
  3. 3 Whether the original judgment should be recalled for failure to deal with the defendants' cross-application for leave under s 284

Ratio Decidendi

The judge recalled the earlier judgment because, given the omission to address the defendants' cross-application and the unfairness and additional cost that omission would cause, justice required recall so a fresh judgment could address the additional issues.

Court Disposition

Judgment recalled; fresh judgment to be delivered addressing the defendants' cross-application and related issues

Orders

  • Order recalling the judgment delivered 11 July 2011
  • Fresh judgment to be delivered as soon as possible addressing the additional issues