New Zealand Case Law: Decisions & Judgments

Topic

Creditor claim

Legal area

Court

26 May 2023

SINGH v BODY CORPORTE 207650 [2023] NZHC 1269

Citation

[2023] NZHC 1269
Court

High Court

Leave to appeal was granted because the interlocutory decision declining to lift the stay had the practical effect of finally determining the plaintiff's ability to pursue substantive relief; given that effect and open questions about whether a right to information suffices to lift a stay and whether post-annulment challenges to the Official Assignee's creditor decision remain available, the interests of justice required granting leave.
11 Apr 2016

Singliworld PTE Limited v The Registrar of Companies [2016] NZHC 628

Citation

[2016] NZHC 628
Court

High Court

The applicant demonstrated it was a creditor with an undischarged claim and the Registrar accepted the objection; the Court accordingly exercised its statutory discretion under s323 to order that Union Markets Ltd not be removed from the New Zealand Register of Companies.
6 Jun 2008

MONA VALE CONSTRUCTION LIMITED (IN LIQUIDATION) V FAGERLUND AS THE LIQUIDATOR OF CARMEL PARKING BUILDING AND SUPPLIES LIMITED (IN LIQUIDATION) HC CHCH CIV-2008-409-000464

Citation

openlaw-56cd9aaa_49ec_449d_ab7a_b49f54a1b525.pdf
Court

High Court

The Court held that an application for security for costs could be made in respect of this challenge to a liquidator's decision because the substance of the process was not a statutory appeal; however, having assessed the merits and the exceptional protection ordinarily afforded to liquidators acting for the benefit of all creditors, the Court refused to order security for costs because the applicant's claim had sufficient merit to justify allowing the challenge to proceed.

New Zealand Case Law

SINGH v BODY CORPORTE 207650 [2023] NZHC 1269

Singliworld PTE Limited v The Registrar of Companies [2016] NZHC 628

MONA VALE CONSTRUCTION LIMITED (IN LIQUIDATION) V FAGERLUND AS THE LIQUIDATOR OF CARMEL PARKING BUILDING AND SUPPLIES LIMITED (IN LIQUIDATION) HC CHCH CIV-2008-409-000464