17 Jul 2019
ESKO GROUP LIMITED (In liquidation) v ESKDALE [2019] NZHC 1664
- Citation
- [2019] NZHC 1664
- Court
- High Court
The defendants breached their statutory duties by allowing the company to continue trading while insolvent, incurring further obligations and permitting drawings and transfers that caused creditor loss; causation was established between those breaches and the quantified creditor losses, and s301 relief in the form of contribution orders was appropriate; additionally the first defendant was liable to repay the overdrawn shareholder current account.