20 May 2014
YAN v MAINZEAL PROPERTY AND CONSTRUCTION LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) CA105/2014 [2014] NZCA 190
- Citation
- [2014] NZCA 190
- Court
- Court of Appeal
RGREL: The Court set aside the High Court liquidation order against RGREL because by the time of hearing there were no undisputed debts due from RGREL (some alleged debts were accepted as not due or were secured/paid and the remainder were genuinely and substantially disputed) and it would be an abuse and premature to liquidate while core disputes remained unresolved. Isola: The Court dismissed the liquidators' appeal; the main statutory demand from Mainzeal had been paid and the KFL claim was substantially disputed and contingent, so the Judge properly exercised discretion under s241(4) to d…