11 Feb 2008
DEBT RELIEF (NZ) LIMITED (IN LIQUIDATION) V AE WYCHERLEY HC WN CIV 2007-485-1969
- Citation
- openlaw-f67ed37b_4cb5_4bbb_981d_31c7482d9148.pdf
- Court
- High Court
Court found on the evidence that the defendant acted as the company's de facto director/manager within the meaning of s126 and thereby breached the s111 banning order; services and any contract were illegal under s6 Illegal Contracts Act 1970 (and contrary to s161 Companies Act 1993), so the defendant obtained no entitlement to the funds and must repay them; summary judgment was appropriate because the defendant had no real defence to that legal consequence; no s7 relief was sought or appropriate.