2 Sept 2021
AVON PARNELL LTD v CHEVIN [2021] NZHC 2301
- Citation
- [2021] NZHC 2301
- Court
- High Court
The Court held that s 44 of the Insolvency Act 2006 permits substitution of more than one creditor (interpreting singular/plural inclusively and relying on Re Bruns and the statutory scheme including s 13), and on the evidence Waimauri Limited is a creditor by virtue of enforceable loan agreements and the debtor's admissions; substitution of two creditors was therefore valid and not a nullity (and in any event curable under s 418 if necessary).