10 Jul 2020
TAIMOORI v ANMOL RESIDENTIAL LTD [2020] NZHC 1656
- Citation
- [2020] NZHC 1656
- Court
- High Court
On construction of the deed as a whole and in its liquidation context the deed conferred benefits to the other Anmol Group companies and the liquidators, not enforceable obligations to individual creditors; CCLA s13 therefore excludes s12 in this case, Anmol Investments cannot be joined or sued directly under the deed, and summary judgment is dismissed for want of jurisdiction. Leave to amend pleadings against Mr Seth is granted and close of pleadings vacated; creditor must pursue statutory proof of debt against liquidators.