8 Feb 2010
SUPERFURN PUKEKOHE LIMITED (IN LIQUIDATION) V SUPERFURN (NEW ZEALAND) LIMITED (IN LIQUIDATION) HC AK CIV 2009-404-006416
- Citation
- openlaw-d0f9d419_7299_42af_8be1_7300f550e02a.pdf
- Court
- High Court
The board's appointment of a liquidator on 29 October 2009 was a nullity because Superfurn Pukekohe had no constitution authorising board appointment under s241(2)(b); the applicant's evidence of a joint venture and payments did not meet the threshold of a substantial dispute under s290(4); accordingly the Court set aside the purported liquidation and, finding the debt due and unpaid, ordered Superfurn Pukekohe into liquidation under s291(1)(b) and appointed liquidators.