29 Nov 2019
CULLEN GROUP LIMITED v THE COMMISSIONER OF INLAND REVENUE [2019] NZHC 3110
- Citation
- (2019) 24 PRNZ 703
- Court
- High Court
The applications were dismissed because Cullen Group failed to provide credible security or sufficient reason to stay a costs judgment; the relatively small unpaid costs ($505,399.55) and lack of evidence that liquidation was unavoidable meant the appeal was not shown to be rendered nugatory except by the company's own decision, a party cannot force a stay by threatening its own liquidation, there was no substantial dispute about the debt absent a stay, and Cullen Group showed no arguable defence or solvency warranting restraint of liquidation.