19 Dec 2019
The Court granted leave under ss239F and 280 because on the evidence the applicants' prior engagements did not create a real conflict that would compromise their independence or ability to act professionally and effectively, while the urgency and creditor protections justified allowing them to be appointed as joint and several administrators.
6 Mar 2014
The Court exercised its discretion under s239F(2) to permit appointment of the applicants as administrators notwithstanding potential disqualification under s280(1)(ca) and (cb) because their prior engagement as investigating accountants and their relationship with the bank did not compromise independence or ability to perform the role; their prior involvement was likely to enable a quicker and more efficient administration and the interests of creditors could be protected by service of the order and reserving leave to creditors to apply to set aside the appointment.
10 Feb 2014
The meaning of 'receiver' in s280(1)(c) of the Companies Act 1993 is limited, for court-appointed receivers, to receivers appointed by the High Court of New Zealand; a receiver appointed by a foreign court does not trigger disqualification under s280, therefore the applicants were not disqualified and their appointment as administrators was valid.