New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Winding-up petition

Legal area

Court

17 Jun 2014

SHAW v GLOBE HOLDINGS LTD [2014] NZHC 1360

Citation

[2014] NZHC 1360
Court

High Court

Globe failed to establish a serious question to be tried and the balance of convenience favoured allowing the statutory demand process to continue: the invoices were properly rendered to Globe under the engagement letter, Globe's alleged offset (a claim by related company Seaside for GST penalties) was tenuous, unpleaded and unsupported by evidence of negligence or steps taken to bring the related claims, and the modest quantum meant there was insufficient prejudice to justify a stay or restraint on advertising.
20 Sept 2013

COMMISSIONER OF INLAND REVENUE v ONSITE ROOFING AND CLADDING LIMITED [2013] NZHC 2487

Citation

[2013] NZHC 2487
Court

High Court

The Commissioner was an undisputed creditor with long-standing PAYE/KiwiSaver arrears and a statutory demand which supported insolvency; therefore there was no proper basis to grant a stay under r 31.11. Nonetheless the court exercised its discretion to grant limited interim relief to allow short further negotiations by restraining advertising until 4 October 2013 and setting directions, and dismissed the stay application.