New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Advertising requirements

Legal area

Court

12 Apr 2016

THE OFFICIAL ASSIGNEE in Bankruptcy of the property of D MCHAFFIE v THE REGISTRAR OF COMPANIES [2016] NZHC 643

Citation

[2016] NZHC 643
Court

High Court

The Court granted leave to plead for restoration under s329 and concluded it was appropriate to restore BCL and place it into liquidation immediately on just and equitable grounds because the company held significant net assets, had no director, no known creditors and there was a shareholder impasse; the Court dispensed with the r31.9 advertising requirement given those circumstances.
8 Apr 2008

PHILLIP JACOBUS VAN DER WALT HC WN CIV 2006-485-2494

Citation

openlaw-edf2b1ff_3f0c_45b7_bcb9_849616e37918.pdf
Court

High Court

The application for early discharge was refused because statutory and High Court Rule requirements for advertising were not met, there was substantial creditor opposition and no evidence of payments to creditors or sufficient evidence of good cause, and the Official Assignee did not support an early discharge; on balance the public and creditor interests outweighed the bankrupt's interests.