26 Feb 2019
JIA WEN MAO v INNO CAPITAL NO. 4 LIMITED [2019] NZSC 14
- Citation
- [2019] NZSC 14
- Court
- Supreme Court
Given the concurrent factual findings that the company remained insolvent and significant debts were outstanding, and because the assigned debt was the same debt so non-compliance with r 31.24 did not render the proceedings a nullity (and any procedural defect was excusable under r 1.5), it was not just and equitable to terminate the liquidation; accordingly leave to appeal is dismissed.