9 May 2014
HSU v MOORE STEPHENS MARKHAMS LIMITED, LIQUIDATOR OF TANG SHUO DEVELOPMENT CO. LIMITED (IN LIQUIDATION) [2014] NZHC 961
- Citation
- [2014] NZHC 961
- Court
- High Court
The plaintiff's application was struck out because it is hopeless and time‑barred under r 2.3(2) (filed many years after the 5 working day limit), the delay is excessive and unjustified, the alleged defence was unsubstantial and the application would prejudice creditors; furthermore the proceeding is a collateral attack/abuse of process and leave under the Companies Act would be refused; accordingly strike out and costs followed.