New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S271a notice to creditors
  • 7 Dec 2009

    GRAHAM AND GIBSON V FAIRTHORNE INVESTMENTS (NZ) LIMITED (IN LIQUIDATION) AND ORS HC AK CIV 2009-404-008564

    Citation
    openlaw-58830aae_4b78_44a7_b892_69db6d5639da.pdf
    Court
    High Court

    Leave was granted to bring the proceeding by originating application under Part 19; the Court construed the opening words of s271A(1) as permitting the Court to dispense with the requirement to give notice to liquidators and creditors but not to alter the prescribed contents; however, under its general directions power the Court ordered that the s271A notice may be given by post or email to creditors' last known addresses and removed the proposed requirement that creditors pay a photocopying fee for copies of the application and affidavits since such a fee could impede the fundamental right t…

    • S271 pooling order
    • S271a notice to creditors
    • High court rules part 19
    • Service and directions