New Zealand Case Law: Decisions & Judgments

Topic

S248 companies act 1993

Legal area

Court

12 Feb 2016

DHC ASSETS LIMITED v TOON (AS LIQUIDATOR OF VACO INVESTMENTS) LIMITED [2015] NZHC 140

Citation

[2015] NZHC 140
Court

High Court

Leave under s248 was granted because DHC has an arguable claim for the alleged debt, the contractual engineer payment process does not preclude statutory adjudication under the Construction Contracts Act, DHC is willing to fund recovery actions and there are no other creditors who would be prejudiced; the adjudication process is the appropriate, efficient forum rather than the liquidator determining complex legal and factual disputes.
10 Sept 2010

MAGSONS HARDWARE LIMITED AND ANOR V PRITISH PATEL AND ANOR HC AK CIV-2010-404-2891

Citation

openlaw-889b09db_83ab_46e0_9ce7_2cd32dccb73e.pdf
Court

High Court

A liquidator is entitled to decline consent under s248 and to leave the question to the Court; absent established bad faith or exceptional circumstances the liquidator will not be personally liable for costs for refusing consent. The liquidator's conduct, though somewhat confrontational, did not amount to bad faith; accordingly costs against the liquidator personally are refused, costs between applicants and the liquidator lie where they fall, and a Category 2B costs order is made in favour of the applicants against the company in liquidation (second respondent).
28 Jan 2010

SATARA CO-OPERATIVE GROUP LIMITED V FUS LIMITED (FORMERLY APOLLO FRUIT LIMITED) HC NAP CIV-2008-441-856

Citation

openlaw-c8fe6b1f_93b7_4395_ab65_3f2f23bb15cf.pdf
Court

High Court

Grant leave because the plaintiff's claim is not clearly unsustainable, there is no more convenient method to resolve the claim, the liquidators declined to adjudicate the proof of debt and did not oppose the application, allowing the proceedings will not dissipate assets or prejudice equality among creditors, and there has been no undue delay or prospect of fruitlessness.
25 Sept 2007

SCI FINANCE LTD V BORIS VAN DELDEN AND DENNIS JOHN WOOD (AS LIQUIDATORS OF DIRECT LABOUR SERVICES LTD) HC AK CIV 2007-404-5338

Citation

openlaw-80004a9d_ab2f_4752_885d_936ec534e987.pdf
Court

High Court

Where misnaming is a technical misnomer causing no prejudice and the liquidators were placed on notice as custodians and agents of the company, the Court will grant retrospective leave under s248 and amend the defendant's name so that the proceeding is effective from the original filing date and will grant limited interim relief preventing the caveats from lapsing to allow prompt substantive determination.

New Zealand Case Law

DHC ASSETS LIMITED v TOON (AS LIQUIDATOR OF VACO INVESTMENTS) LIMITED [2015] NZHC 140

MAGSONS HARDWARE LIMITED AND ANOR V PRITISH PATEL AND ANOR HC AK CIV-2010-404-2891

SATARA CO-OPERATIVE GROUP LIMITED V FUS LIMITED (FORMERLY APOLLO FRUIT LIMITED) HC NAP CIV-2008-441-856

SCI FINANCE LTD V BORIS VAN DELDEN AND DENNIS JOHN WOOD (AS LIQUIDATORS OF DIRECT LABOUR SERVICES LTD) HC AK CIV 2007-404-5338