9 Aug 2019
FAIRWAY HOLDINGS LIMITED AND QUEST PROJECTS LIMITED v McCULLAGH AND LAWRENCE, INSOLVENCY PRACTITIONERS IN THEIR CAPACITIES AS LIQUIDATORS OF HAMILTON STREET INVESTMENTS LIMITED (IN LIQUIDATION) [2019] NZCA 353
- Citation
- [2019] NZCA 353
- Court
- Court of Appeal
The Associate Judge did not err and was not plainly wrong to decline consolidation because the Companies Act proceedings and the defective building proceeding are sufficiently disparate in their central issues, evidentiary focus and threshold assessments such that the risk of materially inconsistent findings is low and consolidation is not required in the interests of justice.