13 Jul 2009
RE/MAX NEW ZEALAND LTD V ONE TREE HILL REALTY LTD HC AK CIV 2009-404-001057
- Citation
- openlaw-f48ce121_b09f_4e4a_9a8b_a743858f5eee.pdf
- Court
- High Court
Defendant failed to establish a genuine and substantial dispute about liability or amount and did not prove solvency; the Real Estate Agents Act argument failed because the relevant licensing provision was not in force for the period in question and the franchisor did not carry out agency work itself; therefore the s 287 presumption of inability to pay stands and the winding‑up application should proceed (hearing for formal liquidation orders set down).