12 Nov 2019
MELANESIAN MISSION TRUST BOARD v FENTON PROJECTS LTD [2019] NZHC 2949
- Citation
- [2019] NZHC 2949
- Court
- High Court
Fenton failed to comply with a statutory demand and is thereby presumed unable to pay; the residual discretion to refuse liquidation is not enlivened because Fenton admitted at least a substantial undisputed debt, indemnities and contribution rights do not bar enforcement or require deferral, and there is no disqualifying creditor conduct; accordingly the court should order liquidation and appoint a liquidator.