30 Aug 2019
VLASIC v ZELANDE LTD & OR [2019] NZHC 2152
- Citation
- [2019] NZHC 2152
- Court
- High Court
Section 284 permits the liquidators to seek court directions on the validity, existence of a lien and priority of a creditor's claim in the liquidation; there is no jurisdictional requirement that complex common law damage claims be commenced as separate ordinary proceedings before such directions can be sought; procedural form is a matter of case management and contested factual/damages matters may be reserved for a further hearing with appropriate pleadings and discovery; insolvency set-off under s 310 is relevant to quantification of claims.