New Zealand Case Law: Decisions & Judgments

Topic

Appointment of liquidator

Legal area

Court

7 Dec 2023

ZHENG v JUN YUE INVESTMENT LIMITED [2023] NZHC 3560

Citation

[2023] NZHC 3560
Court

High Court

Although the interim receiver had relevant knowledge and achieved efficiencies, concerns about appearance of conflict arising from the Pokeno transactions, potential Real Estate Agents Act s 134 issues and an adversarial relationship with a major stakeholder made a clean break preferable; on balance the court appointed independent liquidators Messrs McCullagh and Lawrence to preserve independence and confidence in the liquidation process.
7 Dec 2023

GRIFFITHS v ISLAND GRACE (FIJI) LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2023] NZCA 627

Citation

[2023] NZCA 627
Court

Court of Appeal

Satori was unable to pay its debts within the meaning of the Companies Act, the High Court of New Zealand was the appropriate forum to appoint a liquidator of a New Zealand company, the appellant lacked standing and failed to show an arguable case of solvency or other legitimate interest to restrain or stay the liquidation, and therefore the liquidation order was properly made; interim relief and applications to adduce further evidence on appeal were rightly refused and the appeal was dismissed.
19 Oct 2023

MCGILLIVRAY v EXTREME GEAR NZ LIMITED (IN RECEIVERSHIP) [2023] NZHC 2933

Citation

[2023] NZHC 2933
Court

High Court

The Court was satisfied on the affidavit evidence that Brent Dickins, despite having acted as receiver within the previous two years, possessed the necessary independence and professional ability and consented to act; accordingly the Court permitted his appointment as liquidator. The Court further found dispensing with advertising appropriate because the liquidation is solvent, all creditors will be paid and the company has not traded for nine years.
20 Sept 2023

FEATHER v THE REGISTRAR OF COMPANIES [2023] NZHC 2630

Citation

[2023] NZHC 2630
Court

High Court

By consent the Court ordered Graeme Feather Limited restored to the Companies Register, appointed Iain Andrew Nellies as replacement liquidator effective upon restoration, and approved the liquidator's fees; leave was reserved for consequential orders.
27 Mar 2023

WENZHOU HONGLIANG TRADING CO Ltd v THE REGISTRAR OF COMPANIES [2023] NZHC 621 _x000b_

Citation

[2023] NZHC 621
Court

High Court

Because WHTC established it is an undischarged creditor with a genuine, good faith claim and no discretionary factors opposed restoration, the Court reversed the liquidator's final reports under s 284(1)(b), restored MSM Holdings NZ Ltd and MSUT Trustee Ltd to the Register and appointed Dennis Parsons as liquidator to enable recovery proceedings to proceed.
20 Oct 2022

POWERNET LIMITED v THE REGISTRAR OF COMPANIES [2022] NZHC 2736

Citation

[2022] NZHC 2736
Court

High Court

Applied Intelligence Ltd was restored because restoration was necessary to enforce PowerNet’s judgment, the Registrar consented, the Treasury had no objection, relevant parties did not oppose, and the company was unable to pay the debt; accordingly immediate liquidation and appointment of a qualified liquidator with approved fees was appropriate.
31 Mar 2022

YOUNG v REMARKABLE EXQUISITE DESIGN LIMITED [2022] NZHC 635

Citation

[2022] NZHC 635
Court

High Court

The court ordered liquidation because the parties' relationship had irretrievably broken down producing a serious deadlock that materially frustrated the company's affairs, there were no realistic alternatives or acceptable buyout proposals addressing the applicant's unresolved allegations of diverted income and misuse of company funds, and an independent liquidator was required to investigate and resolve those matters.
29 Sept 2021

LOTT v TUATAPERE SALEYARDS CO LIMITED (IN LIQUIDATION) [2021] NZHC 2588 [29 September 2021]

Citation

[2021] NZHC 2588
Court

High Court

Because the parties consented and leave had been reserved with reasons set out in the Court's earlier judgment of 6 August 2021, the Court ordered Tuatapere Saleyards Co Limited be placed into liquidation and appointed Mr Iain Nellies as liquidator, with the order timed to commence at 4:00 pm on 29 September 2021; the scheduled telephone conference was vacated.
9 Aug 2021

THE COMMISSIONER OF INLAND REVENUE v THE TRAVEL DOCTOR – AUCKLAND LTD, CHRISTCHURCH LTD and TMVC WELLINGTON LTD [2021] NZHC 2050

Citation

[2021] NZHC 2050
Court

High Court

The Commissioner established that the companies owed unpaid tax debts and had not complied with statutory demands, there was no filed opposition or evidence of a genuine dispute about indebtedness, and the allegations raised by the director concerned personal disputes outside the scope of this proceeding; accordingly the court ordered the companies into liquidation, appointed liquidators and approved their remuneration and individual exercise of powers.
22 Jul 2021

McGEHAN v TE HOE DAIRIES LTD [2021] NZHC 1796

Citation

[2021] NZHC 1796
Court

High Court

There is a serious deadlock between equal shareholder directors that is frustrating the company's affairs, there are no realistic alternatives to resolve the impasse (no shareholders' agreement, intractable accounting and possession disputes), and therefore it is just and equitable under s241(4)(b) to place the company into liquidation and appoint an independent liquidator to effect a proper sale and wash‑up.