New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Remuneration of liquidator

Legal area

Court

25 May 2018

British Pub Supplies Limited (In Liquidation) v The English Corner Shop Limited (In Liquidation) [2018] NZHC 1197

Citation

[2018] NZHC 1197
Court

High Court

The court held the $1,300 weekly payments were consideration for tangible assets owned by British Pub (not a lease payment solely of English Corner) and the GSA over English Corner did not extend to those payments or British Pub's assets; accordingly the liquidators of British Pub were entitled to retain the weekly payments held in their solicitors' trust account and to deduct reasonable fees and expenses; leave was reserved for further directions.
6 Dec 2013

JAMES v REYNOLDS [2013] NZHC 3253

Citation

[2013] NZHC 3253
Court

High Court

Leave under s 284 was refused because applicant failed to establish a prima facie arguable case: the funding agreement was lawful under Schedule 7(1)(1)(e) permitting priority to a litigation funder up to its unsecured debt and costs; the unsuccessful summary judgment did not demonstrate abuse of process; applicant's application was driven by self-interest and matters raised were more appropriately pursued as interlocutory applications in the civil proceedings rather than by s 284 leave.