12 May 2016
ANNIK INVESTMENTS LIMITED (IN LIQUIDATION) v PROSPECTIVE INVESTMENTS LTD [2016] NZHC 957
- Citation
- [2016] NZHC 957
- Court
- High Court
The plaintiff established on the balance of probabilities that a debt of at least $532,783 existed, but the cause of action arose when the advance was made (circa 2004) so limitation began then; the plaintiff failed to show a valid acknowledgement by the defendant sufficient to restart limitation and failed to prove fraudulent concealment; the evidence did not establish persistent or serious statutory non-compliance justifying winding up; accordingly the liquidation application was dismissed.