2 May 2014
The applications for leave to appeal were dismissed because the applicant failed to demonstrate exceptional circumstances under s 14 of the Supreme Court Act 2003 and did not engage with the statutory test; an incorrect assertion that no right of appeal to the Court of Appeal existed did not cure that failure.
8 Aug 2012
The guarantee signed by the alternate director bound AKE; s18 Companies Act 1993 applied and the proviso did not exclude protection for ANZ; failure to have pre‑existing written consent under s152 did not invalidate the appointment or the acts of the director because s158 validates acts of defectively appointed directors; the handwritten alterations were clerical and did not vitiate the guarantee; accordingly no substantial dispute existed and the liquidation order and immediate winding up were properly made; liquidator entitled to remuneration to be fixed in High Court.
3 Feb 2012
The court exercised its recall power to join Wayne Bruce Norman as a party to the High Court proceeding so he may pursue an appeal in his own name (retrospectively if required), holding that directors/shareholders adversely affected by liquidation have standing to challenge the liquidation; the court declined to order immediate payment to growers and directed that leave to bring proceedings under ss248 or 284 may be sought but should be deferred until the Court of Appeal disposes of the appeal to preserve the liquidator's position and the status quo.
11 Aug 2010
The sale was a major transaction and occurred without required special resolution (breach of s129); that breach is presumed to be unfairly prejudicial under s175; plaintiff did not expressly consent to the director retaining all sale proceeds; in the exercise of the Court's remedial discretion under s174(2) it was just and equitable to place Pink Nails Limited into liquidation and appoint the Official Assignee as liquidator, with the order to lie in Court for a limited period to allow consent alternatives.