New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Companies act 1993 s266 examinations
  • 18 Feb 2022

    STEWART v FATUPAITO [2022] NZCA 21

    Citation
    [2022] NZCA 21
    Court
    Court of Appeal

    The Companies Act s266 grants the Court jurisdiction to order examination and production despite parallel proceedings; where the examinee (here the sole director) has not cooperated and records are inadequate, it is a proper exercise of discretion to order attendance and production to enable tracing and recovery of company assets.

    • Companies act 1993 s266 examinations
    • S261 statutory notices
    • Liquidator powers
    • Asset tracing and recovery
    • Jurisdiction and discretionary refusal of examinations