20 Apr 2017
ADAPTABLE SOLUTIONS LTD v TOON [2017] NZHC 753
- Citation
- [2017] NZHC 753
- Court
- High Court
Leave under s 284(1) was granted because the applicant established an arguable case: the relevant contractual provisions are sufficiently ambiguous on whether Earn-out Payments include DF and ZAP and whether the 'work-around' revenue was earned by Koorb; the court could not conclusively determine these issues on interlocutory material and there is a reasonable prospect that, if proved, the court would disturb the liquidator's decision.