22 Mar 2010
ALLAN AND ORS V PELF LIMITED AND ORS HC CHCH CIV-2009-409-2263
- Citation
- openlaw-e4d9df6d_f707_41cc_9566_afbabdb1f760.pdf
- Court
- High Court
The Court found a fundamental disagreement under clause 22.2 and that substantial permanent injury was threatened, but held that the contractual ADR mechanism must be invoked before winding up; there was insufficient evidence of unfair or inequitable conduct to justify immediate winding up under s241(4), and because winding up is a last resort the application for liquidation was dismissed.