19 Jun 2017
CBA CONSULTING GROUP LIMITED (IN LIQUIDATION) v KELLAWAY [2017] NZHC 1333
- Citation
- [2017] NZHC 1333
- Court
- High Court
Summary judgment was dismissed because there were genuine, material factual issues on key matters—whether the defendant approved or subsequently ratified the trust drawings by signing the shareholders' certificate/minute, and whether she had reason to suspect the company's insolvency at the relevant times under s 310(2). Those disputes require discovery, cross-examination and trial; accordingly none of the plaintiff’s claims could be said conclusively unable to succeed on the evidence before the court.