New Zealand Case Law: Decisions & Judgments

Topic

Liquidators' powers

Legal area

Court

27 Oct 2023

SPROSEN v NFL FOODS LTD [2023] NZHC 2992

Citation

[2023] NZHC 2992
Court

High Court

The sale of Attitude Foods' assets to NFL was a voidable disposition under s 296A; none of the s 296D defences applied; the existence of PPSA security held by Nutra Foods did not bar relief to the liquidators because the security was held by a third party creditor and the Companies Act expressly enables liquidators to seek setting aside and orders; the liquidators were not estopped and their application was a proper exercise of their duties, so orders under s 296C directing transfer of chattels and awarding costs on a 2B scale were warranted, with the $10,000 deposit to be returned once NFL c…
29 Jul 2020

CONCRETE STRUCTURES LTD v NMHB LTD [2020] NZHC 1852

Citation

[2020] NZHC 1852
Court

High Court

The application for a stay was dismissed because disclosure would not render the appeal nugatory, the solicitors' bona fides were accepted, the liquidators would be prejudiced by a stay as it would prevent them obtaining the fruits of their judgment, and the balance of convenience favoured permitting execution subject to the liquidators' undertaking not to use disclosed materials as evidence of funds' currency or realisation pending the appeal.
23 Jun 2017

FINNIGAN & Anor v ELLIS [2017] NZHC 1397

Citation

[2017] NZHC 1397
Court

High Court

Application declined: liquidators failed to discharge the onus to justify the invasive, broad disclosure sought; court leaves open the larger jurisdictional question whether s 266(2) permits inquiries purely to test a defendant's judgment‑worthiness, but even if jurisdiction existed the court would not exercise its discretion to grant the orders sought in this case.
26 Nov 2013

BLANCHETT v RBI LIMITED [2013] NZHC 3128

Citation

[2013] NZHC 3128
Court

High Court

The judge exercised discretion to allow recall because the newly located correspondence, though not fresh, was potentially cogent on the central issue of the respondent's knowledge of the company's solvency and could not be assessed without further cross-examination; directions were given to manage timing and filings to minimise prejudice.
24 Oct 2013

ALLIED CONCRETE LIMITED v JEFFREY PHILIP MELTZER AND LLOYD JAMES HAYWARD AS LIQUIDATORS OF WINDOW HOLDINGS LIMITED (IN LIQUIDATION) [2013] NZSC 102

Citation

[2013] NZSC 102
Court

Supreme Court

The Supreme Court granted leave to appeal and framed the approved question for determination: whether the Associate Judge and Court of Appeal were correct to conclude the payments to the applicants should be set-aside and that judgment should be entered against them; the substantive merits will be resolved on appeal.
22 Aug 2013

FINANCIAL MARKETS AUTHORITY v DAVID ROBERT GILMOUR ROSS [2013] NZHC 2138

Citation

[2013] NZHC 2138
Court

High Court

On the evidence in the liquidators' affidavits and having obtained the liquidation committee's support, the Court was satisfied the specified assets were not property of the Ross Group and ordered those assets released from the freezing orders to the named claimants, granted the confidentiality order over the application materials, and reserved leave for further directions.
30 Nov 2010

ISLAND VIEW ESTATES LTD (IN LIQUIDATION) V MAINLINE CONTRACTING LTD (IN LIQUIDATION) HC AK CIV2008-404-003840

Citation

openlaw-1ec06150_ed93_495d_9f51_405a2ae66233.pdf
Court

High Court

Costs were awarded to the liquidators despite withdrawal because the s266 application was properly made, the liquidators had reasonable grounds to seek the records, the respondents only cooperated to the extent legally obliged, the applicants were not to be discouraged from withdrawing, and an uplift was not merited where the applicants had cast their net too wide; costs fixed at $2,632 with disbursements $612.25.
2 Mar 2009

KEREKES KOUNTING HOUSE LIMITED V REUBEN'S WATER TAXI LIMITED (IN RECEIVERSHIP AND LIQUIDATION) HC AK CIV-2008-404-001491

Citation

openlaw-72ac100c_1602_48ed_a355_97955b5c93eb.pdf
Court

High Court

The court granted the liquidators' application under s261, ordering that all company books, records and documents in the possession or under the control of the named persons be delivered or made available to the liquidators within 21 days, with copies acceptable and procedures set for inspection of the receiver's documents and for subsequent examinations on oath within specified timeframes, subject to valid claims of legal professional privilege where solicitors acted for other clients.