30 May 2016
CHK HOSPITALITY LIMITED (IN LIQUIDATION), BUCKLANDS BEACH LIMITED (IN LIQUIDATION) & ORS v R S GREWAL AND J JAIN) [2016] NZHC 1143
- Citation
- [2016] NZHC 1143
- Court
- High Court
The defendants' statement of defence was unintelligible, lacked particulars and initial disclosure despite notice, and therefore disclosed no reasonably arguable defence; striking out was justified under the High Court Rules. Because the Commissioner proposed only to adopt the existing pleadings as an alternative plaintiff, service of a separate notice of proceeding was not required to avoid undue delay, though the Commissioner must still file a statement of claim and pay the fee. The matter is to proceed to formal proof and the liquidators must address standing to pursue phoenix company clai…