29 Oct 2018
Application dismissed: applicant failed to establish 'good reason' under s256 for inspection; requests amounted to suspicion/fishing expedition; disclosure risked prejudice to the liquidation by undermining the liquidator's control over assessment of overlapping and potentially sensitive claims; re-advertisement did not evidence misconduct and liquidator entitled to manage the claims process.
22 Apr 2016
Because KDBS was insolvent and the instrument of dissolution does not bind creditors, trustees under the instrument could not be directed to administer an insolvency in the manner sought; statutory liquidation procedures apply via Building Societies Act s118 and the appropriate course is to place KDBS into liquidation under the Companies Act regime, with trustees reporting to members and, if qualified and authorised, applying to be liquidators.
13 Feb 2013
Respondent signalled resignation and the substantive relief sought became unnecessary; the respondent's conduct did not meet the threshold in r14.6(4) for indemnity costs, so the appropriate award was scale costs categorised as 2(B), fixed at $4,930.40 to the applicant.
11 Aug 2010
The application to set aside the statutory demands was dismissed: there was no substantial dispute as to the debt. Williams Land Ltd's execution bound the partnership and partners under s9 Partnership Act 1908; Hanover retained legal title (holding on trust for Allied) and thus remained a creditor entitled to issue statutory demands; the deeds of priority did not prevent Hanover pursuing the borrowers; and the applicants did not establish an arguable case of frustration of the loan agreement by events in Fiji.
13 May 2009
Applicants failed to demonstrate a legally sustainable counterclaim or set-off under s290(4)(b); the alleged duty of care/equitable duty arising from delay in sale is contrary to binding authority (Countrywide) and there is no clear and persuasive evidence of a real basis for set-off, therefore the statutory demands are not set aside and payment within fifteen working days is ordered or creditor may apply for liquidation.