New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Service of statutory demand

Legal area

Court

13 Aug 2012

COMMISSIONER OF INLAND REVENUE v SAGATO IOSEFO AOGA AMATA TRUST HC AK CIV-2012-404-003795

Citation

openlaw-4281a831_1f47_4cea_a617_6211207e511c.pdf
Court

High Court

The defendant was served with a valid statutory demand and failed to pay, secure or compound the debt and lodged no objections; the verified debt and failure to comply evidenced insolvency and it was just and equitable to wind up the defendant, so the Court ordered liquidation and appointed the Official Assignee as liquidator and awarded costs.
29 Oct 2009

GOH V RIDGEVIEW PROPERTIES LIMITED (IN LIQUIDATION) AND ANOR HC AK CIV 2009-404-002749

Citation

openlaw-56a203ce_6953_4889_9027_4049002c5189.pdf
Court

High Court

Although the process server's evidence about service of the statutory demand was unreliable, the winding up proceedings were proved to have been duly served at the registered office; the applicant therefore could not obtain the order setting aside the winding up ex debito justitiae. The applicant's conduct did not justify indemnity costs, but the general rule that the unsuccessful party pays applies; accordingly respondents are entitled to costs on a 2B basis for both the leave and set aside applications with disbursements fixed by the registrar.