8 Oct 2019
RANOLF COMPANY LIMITED (In liquidation) v BHANA [2019] NZHC 2557
- Citation
- [2019] NZHC 2557
- Court
- High Court
Respondents failed to prosecute a substantive stay and did not provide evidence to establish any overpayment; they had ample opportunity to file submissions and affidavits but did not do so; costs should follow the event on the claimed 2B scale. Geyserland Limited was never a trustee and was mistakenly joined and is therefore struck out. Applications to terminate a liquidation cannot be made by memorandum without notice and must be brought as a separate on-notice Companies Act proceeding with affidavit evidence.