10 Jul 2018
C A L GOWER and Anor v FTG SECURITIES LIMITED [2019] NZHC 1610
- Citation
- [2019] NZHC 1610
- Court
- High Court
The Court held parts of the liquidator's Notice of Appearance that sought substantive, wide-ranging claims (paras 9(b)–(e)) were not ancillary, were an abuse of process and were struck out; the limited claim that the surplus remaining after BNZ's priority should be held for TVL (para 9(a)) was legitimately ancillary and not struck out; FTG's application for security for costs against the liquidator was dismissed; the proceeding was stayed for 10 working days to allow the liquidator to commence specific proceedings and seek consolidation; costs to lie where they fall.