New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Shadow/de facto director

Legal area

Court

17 May 2017

COMMISSIONER OF INLAND REVENUE v JACKSON PROPERTY GROUP LIMITED [2017] NZHC 1014

Citation

[2017]NZCCLR 30
Court

High Court

The Court found the Commissioner had standing as a prospective creditor with leave to proceed because there was a real prospect the Commissioner's asserted tax adjustments would prevail; the NOPA was not treated as an all-purpose conclusive disputable decision that prevented the Court addressing interim consequences, but the Commissioner lawfully withheld post-NOPA refunds under s46 so those could not be relied on for set-off. Critically, the company persistently and seriously failed to keep adequate accounting records (s194) and Stuart Jackson exercised control as a shadow/de facto director…
5 May 2016

MCLENNAN & ANOR as liquidators of Neil Timber Limited (in Liquidation) v LIVAJA & ORS [2016] NZHC 889

Citation

[2016] NZHC 889
Court

High Court

Although it was arguable that Mr Ede misappropriated company funds and those funds could be traced into the Ambrico Place proceeds and then into the Sturges Road property, the applicants failed to establish a reasonably arguable proprietary interest in the Sturges Road property because the second respondent did not have the requisite knowledge or conscience of wrongdoing to render her a constructive trustee; accordingly the caveat was not supportable and the application failed.