6 Jul 2020
Viaduct Quays Hotel (in liquidation) [2020] NZHC 1578
- Citation
- [2020] NZHC 1578
- Court
- High Court
Although BTSR provided audit services within two years (s280(1)(ca)), and ASB had registered financing statements, there was no real risk to the applicants' independence or ability to perform as liquidators, ASB was not a creditor in substance, and substantial efficiency and knowledge advantages justified permitting the applicants to accept appointment under s286(4); the without‑notice procedure was appropriate provided sealed orders are served on known creditors and they retain rights to challenge the appointment within a short period.