23 Sept 2022
VAN DELDEN and FINNIGAN v REGISTRAR OF COMPANIES [2022] NZHC 2450
- Citation
- [2022] NZHC 2450
- Court
- High Court
Because a post‑removal asset (Westpac refund) was discovered that the liquidators would have pursued had it been known, it was just and equitable under s 329(1)(b) to restore the companies; under s 284(1)(b) the liquidators' final reports were reversed so the liquidations are reinstated and the former liquidators resume office; liquidators have standing despite retirement; and an exemption under s 255(4)(a) from six‑monthly reporting was necessary to avoid penalising the liquidators and to preserve the assets for creditors.