19 Aug 2011
HAYAT GROUP LIMITED (IN LIQUIDATION) V NEW ZEALAND CUSTOMS HC AK CIV 2011-404-1652
- Citation
- openlaw-eb3dd411_fe06_44ad_91a8_975cdd3358fe.pdf
- Court
- High Court
On the balance of probabilities the court found Sajad Bassam to be the owner: Hayat failed to produce contemporaneous evidence of the flow of funds or documents to rebut Bassam's account; the liquidator could not rely on ss 292/294 because statutory procedure had not been followed and the liquidator had elected not to pursue that path; accordingly A.B-C must deliver the vehicle and original documents to Bassam subject to recovery of reasonable compliance costs or release on payment into court of $5000.