30 Jun 2021
RED 9 LIMITED v THE LEARNING LADDER LIMITED (IN LIQUIDATION) [2021] NZCA 284
- Citation
- (2021) 25 PRNZ 780
- Court
- Court of Appeal
The Associate Judge did not err in law or principle in declining to order payment of money into court because he properly exercised the discretionary balancing required by r 5.45, accepted that the liquidator's and shareholder's undertakings were adequate and equivalent security in the circumstances, and there was no evidential basis to displace the traditional position that liquidators' undertakings are acceptable; alleged errors concerning post‑filing costs and failure to answer valuation evidence were not persuasive grounds to overturn the discretion.