29 Nov 2019
NZ NATURAL THERAPY LTD (IN LIQ) v LITTLE [2019] NZHC 3132
- Citation
- [2019] NZHC 3132
- Court
- High Court
The defendant's affirmative defence failed; the current account debt is separate from any claim for liquidators' costs and cannot be avoided by criticizing liquidators' conduct; liquidators are entitled to recover their reasonable costs (to be quantified later) and remedies under ss 300 and 301 remain available but subject to proportionality and attribution of costs to proven breaches; the $56,090 owed by Prince and Princess Ltd is not immediately payable to reduce the defendant's liability but may reduce any compensation ordered if recovered.