3 Feb 2012
AOTEAROA KIWIFRUIT EXPORT LIMITED V ANZ NATIONAL BANK LIMITED HC TAU CIV-2011-470-697
- Citation
- openlaw-9bb30bfd_b21a_4635_b425_dfcdc1e5a5e7.pdf
- Court
- High Court
The court exercised its recall power to join Wayne Bruce Norman as a party to the High Court proceeding so he may pursue an appeal in his own name (retrospectively if required), holding that directors/shareholders adversely affected by liquidation have standing to challenge the liquidation; the court declined to order immediate payment to growers and directed that leave to bring proceedings under ss248 or 284 may be sought but should be deferred until the Court of Appeal disposes of the appeal to preserve the liquidator's position and the status quo.