2 Aug 2018
Extension of time under r 43 was declined because the delay was substantial with no adequate explanation, the appeal was in large part moot given the liquidation of the company, and the primary purpose appeared to be resisting a costs order rather than prosecuting a live appeal; therefore no basis to revive the abandoned appeal; appellant ordered to pay respondent costs for the application.
28 Feb 2014
The Court dismissed the discovery application because the documents sought were not shown to be relevant or necessary to determine the specific technical issues remaining in the originating application, the applicants' central contention (removal of the liquidator) was not before the Court, the proposed discovery was disproportionate to the issues, and orders directed at a non-party (Mr Marshall) could not properly be made without mandatory notice under r 8.21.
4 Oct 2011
The Court held ANZ was not on notice of any defect in Ms Norman's authority under s 18, the delayed written consent amounted at most to a defect and s 158 validates her acts as director for the purposes of binding AKE to the guarantee, therefore there was no substantial dispute to set aside the statutory demand; AKE was insolvent and immediate liquidation was ordered with a liquidator appointed.
30 May 2006
The receiver's appointment constituted a Change in Control under the Unit Trust Deed and thereby effected a deemed disposal of Worldwide NZ's B units; Jacobsen Venue Management's acceptance on 26 April 2006 transferred at least the equitable (beneficial) interest in those B units and the corresponding beneficial interest in the linked B shares (subject to payment of a fair price), no estoppel prevented the exercise of those pre-emptive rights, and on balance of convenience and justice the plaintiffs were not entitled to the interim injunctions sought