21 Jun 2018
THOMPSON v THOMAS [2018] NZHC 1495
- Citation
- [2018] NZHC 1495
- Court
- High Court
The liquidator's decision was reversed because it was unreasonable in the circumstances: the fund represented the applicant's money paid as security after the company failed to comply with the agreed mediation timetable, the liquidator did not sufficiently evaluate the legal merits or obtain appropriate legal advice before withholding consent, and the alternative forums proposed by the liquidator were impractical or inadequate; accordingly the fund must be released to the applicant with the liquidator retaining rights to pursue recovery by appropriate means.