New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave under s 284 companies act 1993

  • 18 Aug 2022

    BAKER v BAKER [2022] NZHC 2058

    Citation
    [2022] NZHC 2058
    Court
    High Court

    Costs for the interlocutory leave application are fixed now and awarded to the applicants on a combined 2B/3B/3C basis totalling $10,810.50 plus disbursements $550 (total $11,360.50); second counsel allowed; no uplift for Calderbank offer; costs are payable out of the company's assets as expenses of the liquidator under reg 16(b).

    • Leave under s 284 companies act 1993
    • Costs categorisation (hcr r 14)
    • Liquidation regulations regs 15(2) and 16
    • Calderbank offer effect on costs
    • Review of liquidators' decisions

  • 3 Aug 2018

    ARNERICH v VACO INVESTMENTS (LINCOLN ROAD) LTD (IN LIQUIDATION) _x000b_[2018] NZHC 1974

    Citation
    [2018] NZHC 1974
    Court
    High Court

    The application to rescind was dismissed because r 7.49 is a narrowly confined review jurisdiction unsuited to relitigating a decision made after extensive evidence, full written submissions and a full-day hearing; the applicant's complaints about the legal test and alleged errors concern the correctness of the judgment and belong to appeal, and the prior decision was not demonstrably wrong; the Court as gatekeeper under s 284 may consider legal viability of a proposed claim but that did not justify rescission here.

    • Leave under s 284 companies act 1993
    • Rule 7.49 rescission/variation
    • Liquidator duties and discretion
    • Scope of arbitration clause
    • Adjudication under construction contracts act 2002
    • Set-off and reconciliation

  • 20 Apr 2017

    ADAPTABLE SOLUTIONS LTD v TOON [2017] NZHC 753

    Citation
    [2017] NZHC 753
    Court
    High Court

    Leave under s 284(1) was granted because the applicant established an arguable case: the relevant contractual provisions are sufficiently ambiguous on whether Earn-out Payments include DF and ZAP and whether the 'work-around' revenue was earned by Koorb; the court could not conclusively determine these issues on interlocutory material and there is a reasonable prospect that, if proved, the court would disturb the liquidator's decision.

    • Leave under s 284 companies act 1993
    • Proof of debt
    • Liquidator decision review
    • Earn-out payment interpretation
    • Contractual interpretation
    • Post-contractual conduct