27 Mar 2023
Because WHTC established it is an undischarged creditor with a genuine, good faith claim and no discretionary factors opposed restoration, the Court reversed the liquidator's final reports under s 284(1)(b), restored MSM Holdings NZ Ltd and MSUT Trustee Ltd to the Register and appointed Dennis Parsons as liquidator to enable recovery proceedings to proceed.
8 Aug 2018
The court held that the deed by which FM Custodians accepted a lump sum and assigned its claim to Mr Spackman extinguished his liability to FM Custodians and therefore Mr Spackman was not a creditor entitled to vote; the trustee erred in accepting and counting that vote and, without it, the statutory voting threshold in s331(3) was not met, so the proposal could not be approved.
18 Nov 2013
Leave was granted because the applicant is arguably a creditor, but replacement of liquidators or broad supervisory directions were refused because the material did not show the liquidators acted unreasonably, their investigations (including s 261 inquiries and an interview) were ongoing and credible, the applicant's funding offer lacked substance and particulars, and independence/perception issues were insufficient to disqualify the liquidators; limited supervisory relief was ordered requiring the liquidators to decide on the proof of debt and to report to the Court on specific matters.
31 May 2013
The application for a winding up order was declined because the plaintiff failed to establish on the balance of probabilities that he was the proper creditor entitled to bring the s241 application; uncertainty as to whether invoices were issued by the individual or his company meant the plaintiff lacked standing, and the defendant's alleged counterclaim was not shown by clear and persuasive evidence to be a bar to the application.
23 Aug 2010
The court ordered liquidation because, following amendment to the statement of claim and on the basis of receivers' reports and a prior summary judgment demonstrating indebtedness and insolvency with no prospect for unsecured creditors, the plaintiff established entitlement to a winding up order and undertook to provide a certificate of debt.
19 Oct 2006
The Commissioner had standing and leave was warranted because there was material uncertainty and an arguable case that assets may have been put beyond creditors' reach and the current liquidator had taken no investigative steps; the annotated resolution and timing of the liquidator's written consent created sufficient uncertainty to render the appointment of Mr Brannigan invalid under s 284(1)(g).