8 Jul 2013
BUTCHER v DRAGON FLYTE FARM LIMITED & ORS [2013] NZHC 1735
- Citation
- [2013] NZHC 1735
- Court
- High Court
Leave to commence the s 174 proceeding was dismissed because the company had been struck off, was insolvent and had no remaining assets, any orders under s 174 would have no practical effect, and granting leave would be prejudicial to the liquidators; accordingly the Court exercised its discretion under s 248(1)(c) to refuse leave and awarded costs to the liquidators.