7 Jul 2017
KIMBLE CONTRACTING LIMITED v WOULDES [2017] NZHC 1554
- Citation
- [2017] NZHC 1554
- Court
- High Court
Strike-out was ordered because Kimble lacked title to recover the $800,000 paid before incorporation and there was no evidence of valid pre-incorporation contracts or ratification, compounded by the bankruptcy/Official Assignee issue; and because the pleaded allegations of accessory liability against Wouldes failed to meet the required mens rea and fraud-pleading standards and lacked a prima facie evidential foundation under s 43(1)(b) and (d) of the Fair Trading Act.