2 Nov 2006
LEVIN & JORDAN AS LIQUIDATORS OF SHORT ENZ PRODUCTIONS LTD (IN LIQUIDATION) V HE TAONGA PROPERTIES LTD HC AK CIV 2006-404-2253
- Citation
- openlaw-0cdbf368_2a10_48c3_9040_dc62a9a6f965.pdf
- Court
- High Court
The court found a genuine dispute over the $8,799 inter-company debt based on the defendant's 2005 accounts and related evidence, meaning the statutory demand could not be treated as establishing insolvency; accordingly the winding up application could not proceed and a stay/dismissal was appropriate, with costs awarded to the plaintiffs because of the defendant's poor recordkeeping and failure to timely challenge the demand.