9 Dec 2015
ACTION MEDIA LIMITED (IN LIQUIDATION) v HENRY DAVID LEVIN AND VIVIEN JUDITH MADSEN-RIES AS LIQUIDATORS OF ACTION MEDIA LIMITED (IN LIQUIDATION) [2015] NZHC 3121
- Citation
- [2015] NZHC 3121
- Court
- High Court
The court held that the Liquidators are required to pursue and enforce compliance with their s 261 notice to the IRD and therefore must produce correspondence relating to the IRD's compromise with the Company because that correspondence is company material and within the Liquidators' right to possess (enforceable via s 266). However, s 261 does not extend to obtaining third-party internal IRD case notes or documents relating to the director's personal compromise, and the Liquidators were not ordered to produce all s 261 notices where relevance was not established. On proportionality grounds,…