New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Solvency dispute

Legal area

Court

15 Dec 2006

SHORT ENZ PRODUCTIONS LTD (IN LIQUIDATION) V HE TAONGA PROPERTIES LTD HC AK CIV 2006-404-2253

Citation

openlaw-c8a411e4_0497_4606_b40a_95ea7e8a4f70.pdf
Court

High Court

Under High Court Rules r 48H the Court will allow payment of expert witness expenses as a disbursement when the cost was specific to the proceeding and reasonable; although the expert evidence was not material to the decision, it was reasonably and properly obtained, and two-thirds of the claimed fee is an appropriate award.
2 Nov 2006

LEVIN & JORDAN AS LIQUIDATORS OF SHORT ENZ PRODUCTIONS LTD (IN LIQUIDATION) V HE TAONGA PROPERTIES LTD HC AK CIV 2006-404-2253

Citation

openlaw-0cdbf368_2a10_48c3_9040_dc62a9a6f965.pdf
Court

High Court

The court found a genuine dispute over the $8,799 inter-company debt based on the defendant's 2005 accounts and related evidence, meaning the statutory demand could not be treated as establishing insolvency; accordingly the winding up application could not proceed and a stay/dismissal was appropriate, with costs awarded to the plaintiffs because of the defendant's poor recordkeeping and failure to timely challenge the demand.