24 Jul 2018
FBB HOLDINGS LIMITED (in liquidation) v MCGRATH [2018] NZHC 1786
- Citation
- [2018] NZHC 1786
- Court
- High Court
The application for summary judgment was dismissed because the plaintiffs failed to discharge the burden of showing the defendant had no defence; there remained real doubt and uncertainty about the accuracy and completeness of the company's records as at the date of liquidation (records after 31 March 2015 unauthenticated and relevant material not produced) and the disputed adjustments could not be resolved on summary judgment without discovery.