27 Jun 2018
JIA WEN MAO v INNO CAPITAL NO. 4 LIMITED [2018], D GRANT AND S KHOV LIQUIDATORS OF CHEN HONG CO LIMITED NZHC 1534
- Citation
- openlaw-16b37d92_941c_4549_87e0_8a2d3202641b.pdf
- Court
- High Court
Proceedings were not a nullity: the Court had sufficient evidence of insolvency (solicitor's certificate and Ms Mu's affidavit including deed of assignment); procedural lapses did not establish prejudice or fatal defect; applicant failed to discharge burden to prove termination is just and equitable under s 250 given unpaid creditors, insolvency, likely increased remedial costs, lack of realistic prospect of redevelopment to pay creditors, and public interest concerns; application dismissed.