23 Aug 2010
L N RUDDOCK V A M BROWN HC WHA CIV-2010-488-000253
- Citation
- openlaw-365cf653_9f04_42a1_aab6_156d2a4886a1.pdf
- Court
- High Court
The liquidators, as neutral third parties bound by Companies Act duties to realise and distribute assets, were not personally liable under ss 43 or 44 of the Property (Relationships) Act for making distributions; the Property (Relationships) Act does not displace liquidators' duties absent clear statutory inconsistency; accordingly the plaintiff's claim against the liquidators was struck out and costs against the liquidators were not ordered at this stage, although the liquidators may recover litigation costs as liquidation expenses from company assets and may apply for costs later after the…