14 Dec 2012
AUCKLAND COUNCIL V FOREST TRUSTEE LTD HC AK CIV-2012-404-003253
- Citation
- openlaw-a54de1e3_8cf9_43ee_b57a_19eea86c052e.pdf
- Court
- High Court
The application to liquidate failed because the statutory demand was not validly served on the company's registered office and the Council had not pleaded or given adequate notice that it would proceed on alternative grounds (inability to pay or just and equitable), so the Court would not decide those grounds on the material before it; additionally the alleged standing of the shareholder trustee was unsupported by production of the trust deed and the counterclaim did not justify refusing liquidation on the material before the Court.