1 Nov 2016
GRANT AND ANOR as LIQUIDATORS OF SILVERSPUR DEVELOPMENTS LIMITED (IN LIQUIDATION) v PEOPLES & ORS [2016] NZHC 2611
- Citation
- [2016] NZHC 2611
- Court
- High Court
Although the court has jurisdiction to order examinations under ss 261 and 266, the discretion was exercised against ordering examination because the respondents had made extensive documentary disclosure that provided sufficient factual material, the matters the liquidators sought largely concerned the mortgagees' internal decision‑making (not the company's affairs), there was no evidence of undervalue or wrongdoing on the documents, and permitting examination would amount to a fishing expedition and risk granting a litigation advantage rather than serving a genuine investigatory need.