9 Dec 2021
OLLIVER v BBG HOLDINGS LIMITED (IN LIQUIDATION) [2021] NZCA 669
- Citation
- [2021] NZCA 669
- Court
- Court of Appeal
Even if the Court of Appeal could in principle hear appeals by non-parties, leave was refused because the applicant's interests were adequately represented by the liquidators, the proposed appeal was factually weak with little prospect of success given the High Court's findings (including an irresistible inference of an agreement to repay), and it was not in the interests of justice to permit the non-party appeal.
- Leave to appeal by non-party
- Non-party standing
- Creditor's review (s 284 companies act 1993)
- Jurisdiction to grant leave
- Deference to factual findings