17 Oct 2022
GRANT v MONTGOMERIE [2022] NZCA 483
- Citation
- [2022] NZCA 483
- Court
- Court of Appeal
For the purposes of s12 the term 'director' must be read to include former directors so as to give effect to the statutory purpose of enabling receivers to obtain company records; delivery of company documents by a former or bankrupt director is not acting as a director and s34 cannot be used to compel third parties to produce documents; accordingly the Court has jurisdiction under s12 to order production and it was appropriate to order production and a comprehensive search by the former director.