13 Oct 2014
HYNDMAN v NEWSON as liquidator for Gibbston Downs Wines Limited (in liquidation) [2014] NZHC 2513
- Citation
- [2014] NZHC 2513
- Court
- High Court
The Court removed Newson because material facts relevant to his manifest independence and impartiality were not disclosed before his appointment—specifically his co‑trusteeship over Walker family assets and close personal/professional association with the liquidator of a major creditor, coupled with his public defence of that liquidator after a disciplinary finding—and because s 284 Companies Act 1993 confers supervisory jurisdiction permitting removal in such circumstances where a fair and impartial liquidation requires it.
- Removal of liquidator
- Court supervision of liquidation (s 284)
- Apparent bias and manifest independence
- Disclosure of trustee relationships
- Costs allocation