8 Dec 2023
Leave to use the originating application procedure is granted because the application is non‑contentious, unlikely to require extensive pleadings or interlocutory steps, and is an efficient method, subject to counsel filing the full Form G32 certificate and further directions as to service to be issued separately.
6 Sept 2023
Where liquidators act as trustees and demonstrate that proposed realisation of trust assets is reasonable, directly related to administration and distribution of those trust assets, and have provided sufficient accounting and evidence, the Court will grant directions permitting conversion of cryptocurrency to meet reasonable costs and expenses of trust administration; unsupported allegations of breach are insufficient to block necessary realisation and distribution.
19 May 2022
Leave to appeal out of time was declined because the appeal was filed 795 working days late, the applicant repeatedly failed to comply with court directions and a formal notice, and no reasonable explanation was provided; under the Criminal Procedure Act 2011 the court properly exercised its discretion to refuse leave and thereby dispose of the appeal.
28 Apr 2022
The Court granted recall to correct a demonstrable factual error and to clarify an ambiguous statement about directions; the errors were immaterial to the substantive outcome but could affect costs; a memorandum was adequate and the challenged paragraphs were amended accordingly.
22 Mar 2018
The Court will approve a joint liquidator's resignation under its supervisory jurisdiction and s 284(1)(a) where the purpose for the joint appointment has ceased, no successor is required, there is no shown prejudice to creditors or shareholders, and the procedure by originating application is proper; accordingly Mr Scutter's resignation was authorised and Mr Walker remains sole liquidator.
1 Aug 2017
Because claims against the estate remained extant and could prevent prompt winding up, the court directed continuation of the administrator's appointment for a further six months and reserved leave to apply for further extensions where circumstances require.
13 Mar 2017
Clause 9.1 of the trust deed vests the trustees with an absolute and uncontrolled discretion to appoint a Vesting Day within the perpetuity period, and clause 9.2 provides for distribution on vesting; accordingly the trustee is authorised to advance the vesting day and distribute the entire trust capital to the sole beneficiary for its use, without needing to invoke s 64(1) or resettlement mechanisms.
9 Mar 2017
The court was not satisfied that the applicant had validly served the majority of respondents because emailing a link to cloud storage did not equate to service of the documents as directed; accordingly the applicant must make a fresh application for directions and provide further notice of a mention date.
17 Aug 2015
The examinee (Mr Henderson) must give evidence from his own knowledge and recollection; he may recount contemporaneous statements made to him, but may not use an adjournment to import the knowledge or recollection of others into his own testimony without those persons giving evidence themselves; if he does rely on information obtained from others during any adjournment he must identify the source and timing to allow the Court to rule on admissibility and weight. Unsworn statements remain permissible but attract limited weight per Ruling No 5.
19 Mar 2015
The appellant failed to maintain contact with counsel, failed to comply with the court's direction to notify the Registrar by the specified date and therefore did not prosecute the appeal with due diligence; dismissal under s161(3)(b) was warranted.