New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Validity of receivership appointment

Legal area

Court

22 Jun 2018

FTG SECURITIES LIMITED v GOWER [2018] NZHC 1513

Citation

[2018] NZHC 1513
Court

High Court

The r 15.23 presumption that a discontinuing plaintiff pays defendant's costs was not displaced: FTG unreasonably continued the proceeding after the relevant settlement and overlapping issues should have been dealt with in the BNZ proceeding; costs assessed at category 2B ($5,798) plus $220 disbursements awarded to the Liquidator; no stay of costs pending the BNZ proceeding.
16 May 2008

TEAM KIWI RACING LTD V GILLON AND ANOR HC AK CIV 2008-404-2450

Citation

openlaw-842a3062_2bf4_4ee9_ab2a_723625c52ae3.pdf
Court

High Court

The Court declared the purported appointments of Whittfield and Finnigan invalid and restored the status quo prior to 22 April 2008, on the basis that a commercial interim solution was required; it accepted an undertaking from Mr Gillon not to enforce the General Security Agreement until 5pm on 16 June 2008 subject to specified protective conditions for the secured creditor, reserved leave to apply if material adverse information arose, and ordered disclosure (payment and audited accounts) to enable informed enforcement decisions.