New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Companies act 1993 s248

Legal area

Court

3 Jun 2015

KYOTO TRUSTEE LIMITED v ANNIK NEW PLYMOUTH LIMITED [2015] NZHC 1248

Citation

[2015] NZHC 1248
Court

High Court

Leave was granted in respect of the shares held by Ms Forbes-Edwards because Kyoto demonstrated a legitimate interest and an intention to pursue controversies that could benefit creditors, the liquidation appeared to have been used to frustrate an existing sale order, the liquidator did not oppose and the proposed orders did not obviously cut across the liquidator's powers.
15 Feb 2011

BUNNINGS LIMITED V FORESIGHT CONSTRUCTION LIMITED HC WN CIV-2010-485-1621

Citation

openlaw-17ae91bc_d825_4368_9161_c2157bc3c423.pdf
Court

High Court

The Court granted leave under s248(1)(c) to permit the plaintiff's summary judgment application to proceed despite the company's purported voluntary liquidation, and granted summary judgment dismissing the defendant's counter-claim because the defendant filed no opposition or affidavit, accepted the facts by inaction, and the express contractual terms excluded the Sale of Goods Act implied conditions so the counter-claim could not succeed.