New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Liquidators' claim

Legal area

Court

21 May 2014

COLOURPLUS EASTERN HIRE LTD (In Liq) v BINNEY [2014] NZHC 1085

Citation

[2014] NZHC 1085
Court

High Court

The advances of $141,016.46 made by the company to the defendant were loans repayable on demand, demand was made on 11 September 2013 and no repayment was made; accordingly judgment is entered for the first plaintiff for $141,016.46 with interest from 11 September 2013; the liquidators' separate claim for breach of directors' duties is struck out; costs awarded to the plaintiff on a 2B basis.
9 Oct 2013

LALI MEDIA GROUP LIMITED v MOALA [2013] NZHC 2612

Citation

[2013] NZHC 2612
Court

High Court

Summary judgment was refused because the defendants raised credible, arguable factual matters (notably documentary evidence supporting payment in the defamation proceeding) such that the plaintiff did not discharge the onus of showing there was no real question to be tried; interlocutory procedures including discovery and non-party discovery were necessary and the matter must proceed to trial.