31 May 2013
BAILEY v EARTH CREST LIMITED [2013] NZHC 1265
- Citation
- [2013] NZHC 1265
- Court
- High Court
The application for a winding up order was declined because the plaintiff failed to establish on the balance of probabilities that he was the proper creditor entitled to bring the s241 application; uncertainty as to whether invoices were issued by the individual or his company meant the plaintiff lacked standing, and the defendant's alleged counterclaim was not shown by clear and persuasive evidence to be a bar to the application.