18 Feb 2008
FOSTER & ANOR V PAKURANGA EARTHMOVERS LTD (IN LIQ) HC AK CIV 2007-404-005622
- Citation
- openlaw-8ba019bc_651f_4504_a0bf_b9e596d069a8.pdf
- Court
- High Court
The court held the shareholders' appointment of liquidators on 19 December 2007 was valid because s241AA (commencing 1 November 2007) does not apply retrospectively and there is no statutory language deeming the time limit to run from its commencement; accordingly the appointment was not invalidated and the plaintiffs' challenge failed. On costs, plaintiffs are entitled to costs on a 2B basis for the liquidation application and today's appearance, but the court declined to order the plaintiffs to pay the liquidators' costs or to make an order under s99A to have taxpayers fund the liquidators'…