26 May 2023
SHEARING SERVICES KAMUPENE LTD (IN LIQ) v TARAHAU FARMING LTD [2023] NZCA 196 [26 May 2023]
- Citation
- [2023] NZCA 196
- Court
- Court of Appeal
The Court allowed the appeal because the statutory requirements for voluntary administration under the Companies Act 1993 were not met: there was no s239I directors' resolution and the purported administrator was not a licensed insolvency practitioner under s239F; these were substantive defects that could not be cured given the directors did not intend to submit to the Companies Act, so the High Court's declaration that the company was in voluntary administration was set aside.