29 Aug 2018
JUST BEVERAGES LTD v HORTON [2018] NZHC 2135
- Citation
- [2018] NZHC 2135
- Court
- High Court
The Court found Horton had a continuing business relationship with former director McKillen within the two years prior to FUB's liquidation by virtue of his role as provisional trustee and involvement in the creditor proposal process, rendering his appointment in breach of s280(1)(cb); the Court exercised its discretion under s286(4) and declined to permit Horton to continue because legitimate concerns and appreciable risk to independence and impartiality remained, and ordered his removal and appointment of the Official Assignee as liquidator.