New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Delivery of company records

  • 21 Jul 2016

    GRANT AND KHOV v SINGH [2016] NZHC 1665

    Citation
    [2016] NZHC 1665
    Court
    High Court

    The court was not satisfied beyond reasonable doubt that Mr Singh had the requisite knowledge or intent to deliberately breach the orders; the solicitor's apparent authority was insufficient to establish the necessary state of mind for contempt, therefore the contempt application fails.

    • Liquidation
    • Delivery of company records
    • Solicitor authority and agency
    • Mens rea for contempt
    • Proof beyond reasonable doubt

  • 11 Jul 2016

    GRANT AND KHOV AS LIQUIDATORS OF AK GROUP LTD (IN LIQUIDATION), CHK HOSPITALITY LTD (IN LIQUIDATION), BUCKLANDS BEACH LTD (IN LIQUIDATION) AND STANMORE BAY LTD (IN LIQUIDATION) v GREWAL [2016] NZHC 1564

    Citation
    [2016] NZHC 1564
    Court
    High Court

    Grewal and Jain deliberately withheld or failed to disclose company records in breach of clear court orders; such conduct constituted contempt proved beyond reasonable doubt; Grewal is fined $10,000 and Jain $5,000 to denounce and deter; Kaur had no relevant documents and is not in contempt; fines are apportioned 50% to the Crown and 50% to the liquidators with further allocation among the companies; Grewal and Jain are jointly and severally liable to pay global costs and disbursements of $20,000 to the liquidators.

    • Delivery of company records
    • Liquidator powers and duties
    • Enforcement of court orders
    • Fines and costs apportionment