3 Feb 2023
DALTON v MICO DEVELOPMENT LIMITED [2023] NZHC 95
- Citation
- [2023] NZHC 95
- Court
- High Court
Leave to accept the late statement of defence was refused and the plaintiffs were entitled to proceed towards liquidation because the Court had already determined Mico owed substantial sums arising from voidable transactions, there were no available assets to satisfy the judgment, the defendant's alteration of position defence had been rejected previously and overlapped with considerations relevant to resisting liquidation, and allowing the late defence would deprive plaintiffs of the benefit of their judgment.