New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dispensing with advertising

Legal area

Court

10 Sept 2020

HUNT v BARE METAL LIMITED [2020] NZHC 2357

Citation

[2020] NZHC 2357
Court

High Court

Applicant creditor had standing and the company no longer met s10 after the death of its sole director; the court was satisfied an interim liquidator was necessary to preserve the business and goodwill; proposed interim liquidator consented; s246(2) provides sufficient breadth of powers for preservation so expanded powers were unnecessary and were declined; advertising of the application was dispensed with given the preservation purpose.
6 Jun 2008

REGISTRAR OF COMPANIES V MARINC LIMITED HC AK CIV 2008-404-003142

Citation

openlaw-8a118a8e_87c9_4925_8880_a0cd40f09e72.pdf
Court

High Court

Given the defendant's non-opposition, the substantial and untraced investor deposits, the number of affected investors, the risk of dissipation and the likely inevitability of liquidation, the Court exercised its discretion to abridge time and, as an exceptional case, dispense with advertising and order liquidation under s241(4) of the Companies Act 1993 with appointment of the Official Assignee as liquidator to enable prompt investigation and preservation of assets.