New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Set-off (s 310)

Legal area

Court

29 Sept 2021

BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED (IN LIQUIDATION) [2021] NZHC 2580

Citation

[2021] NZHC 2580
Court

High Court

The Court granted consent under s 248(1)(c) for the Body Corporate to proceed against Manchester Securities Ltd while in liquidation because the priority dispute between competing proprietary/security interests is appropriately resolved in these proceedings rather than solely under Part 16; the liquidator is not required to take active steps pending further order; procedural directions (discovery and case management) were given and substantive issues including priority and any s 310 set-off remain for determination on the merits.
16 Dec 2009

MERLOT INVESTMENTS LTD (IN LIQUIDATION AND IN RECEIVERSHIP) V MERLOT (WANAKA) LTD (IN RECEIVERSHIP) HC AK CIV-2009-404-004167

Citation

openlaw-60b9a4ee_cae1_4608_b119_0624da0cd368.pdf
Court

High Court

The statutory demand was invalid because it failed to identify the debt; consequently the presumption under s287 could not be relied on and the plaintiff failed to establish creditor status when the debt's validity was put in issue. Given those deficiencies and the defendant's explained delay, the Court granted an extension of time to file a defence, accepted payment of the claimed sum, and dismissed the winding up proceeding; no costs were ordered.