New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Companies act s295

Legal area

Court

31 Aug 2017

HAMISH MCINTOSH v JOHN HOWARD ROSS FISK AND DAVID JOHN BRIDGMAN [2017] NZSC 129

Citation

[2017] NZSC 129
Court

Supreme Court

Court ordered interest at the prescribed Judicature Act rate of 5% per annum on $454,047.62 from the date of the liquidators' appointment (17 December 2012) because interest is compensatory for loss of use of company funds, jurisdiction exists under s87(1) and by parity under s295(c)/s348(2)(b), and no principled or case-specific reason existed to deny or defer interest.
7 Aug 2014

WEST CITY CONSTRUCTION LIMITED v HENRY DAVID LEVIN AND DAVID STUART VANCE AS LIQUIDATORS OF ST GEORGE DEVELOPMENTS LIMITED (IN LIQUIDATION) [2014] NZSC 106 [7 August 2014]

Citation

[2014] NZSC 106
Court

Supreme Court

The Supreme Court granted leave to appeal on the basis that the questions whether the assignment of the development bond was voidable under s292 and whether the Court of Appeal correctly exercised its discretion under s295 are matters of law and fact that warrant full appellate determination.