New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Creditor objection under s321

Legal area

Court

30 Oct 2017

BENEFICIAL INSURANCE LTD v THE REGISTRAR OF COMPANIES [2017] NZHC 2437

Citation

[2017] NZHC 2437
Court

High Court

Leave to proceed by way of originating application was granted and the Court ordered that Mordarth Ltd not be removed from the Companies Register because the applicant has standing as a creditor with secured rights and a significant outstanding debt; the protection was conditional on the applicant taking reasonable steps to enforce its security rather than repeatedly relying on preventing deregistration without enforcement.
29 Feb 2016

PAUA POPPETTS EARLY CHILDHOOD HOME BASED CARE SERVICE LIMITED v POPPETTS NANNY BUREAU LIMITED [2016] NZHC 309

Citation

[2016] NZHC 309
Court

High Court

The Court was satisfied on the evidence that the plaintiff is a creditor or has an undischarged claim against the defendant within s321(1)(d) because WINZ subsidy payments payable to the purchaser under the sale agreement were mistakenly paid to the defendant and a net shortfall of NZD 60,480.57 remains unpaid; accordingly the Court ordered under s323 that the defendant not be removed from the Companies Register.