New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Liquidator's statutory powers

Legal area

Court

16 Nov 2022

WHITLEY v MEREDITH CONNELL [2022] NZHC 2994

Citation

[2022] NZHC 2994
Court

High Court

Files 2–7 held by Meredith Connell were created in the course of the former liquidator's agency for the PVL companies and therefore are documents of the companies; Meredith Connell must review those files, identify any specific documents claimed privileged or confidential and produce non‑privileged company documents to the successor liquidator; a retaining/general lien over company documents cannot be asserted against the liquidator under s 263; trust account records and fee accounts paid from PVL funds must be produced; time records need not be produced; remuneration for production was refus…
12 Nov 2008

AMP CAPITAL INVESTMENTS NO. 4 LIMITED V IBS GROUP LIMITED (IN LIQUIDATION) HC AK CIV2007-404-5583

Citation

openlaw-41984b05_fcae_4db2_b5fc_7cb7543bce1d.pdf
Court

High Court

The application was declined because the funding agreement required the funder to agree to every action in the litigation and gave the funder shared or equal control over the conduct of proceedings, which improperly interferes with the liquidator's statutory powers to investigate and pursue company claims; the liquidators' ability to seek court directions was insufficient to cure that fetter and did not remove the conflict with the rule in Re Oasis and Re Nautilus.