15 Aug 2014
DAVID STUART VANCE AND COLIN DAVID OWENS v NEVILLE WARREN JEFFERYS [2014] NZHC 1932
- Citation
- [2014] NZHC 1932
- Court
- High Court
Summary judgment refused. Although liquidators proved on the evidence that the director lacked reasonable grounds to believe Brooklyn could meet its GST liabilities when incurring the obligations, there remained substantive factual questions (extent and timing of cost overruns, the quantum of the GST shortfall, and an arguable case that Spinnaker acted as a shadow director). Those questions affect causation and culpability and make assessment of compensation inappropriate at summary judgment stage.