28 Jul 2016
VIVIEN JUDITH MADSEN-RIES AND HENRY DAVID LEVIN AS LIQUIDATORS OF PETRANZ LIMITED (IN LIQUIDATION) v DARRELL WARREN KARANEIHANA PETERA [2016] NZSC 94
- Citation
- [2016] NZSC 94
- Court
- Supreme Court
Leave to appeal was dismissed because, although the interpretation of "fair to the company" in s 161(5) raised an arguable issue of public importance, it was not in the interests of justice to grant leave: resolving the issue would require a fresh factual assessment of fairness in the particular case (an application question, not a pure point of principle), and proportionality, mootness and absence of a contradictor given the respondents' impecuniosity meant further appeal would be impractical and of limited utility.