22 Mar 2018
Chappel v Swindells [2018] NZHC 506
- Citation
- [2018] NZHC 506
- Court
- High Court
Leave under s 248 was granted because the applicants were not seeking an undue advantage over other creditors, the adjudication challenge provided the only practicable means to establish entitlement to repayment, the claim was not clearly unsustainable, the liquidators had taken no procedural steps to resist the proceeding, and the timing of the liquidation suggested it was intended to frustrate the applicants' claim.