26 May 2011
NEW ZEALAND YUHUA INTERNATIONAL LIMITED AND NZ YUHUA LIMITED V GLOBAL YUHUA BUILDING SUPPLIES LIMITED (IN LIQUIDATION) HC AK CIV 2009-404-006982
- Citation
- openlaw-6ecfd48f_82cc_4bde_94b8_548a76acf1ac.pdf
- Court
- High Court
The Court will not grant a pre-commencement merits assessment or definitive approval to proceed against proposed defendants; procedural routes exist (filing proceedings, r7.9(3) where there is genuine uncertainty) and s301 inquiries should be pursued when evidence can be properly tested; accordingly the Court declined to undertake the substantive merits assessment and directed further procedural steps.