Patrick Dean Norris v Bruce Donald Gemmell and Rhys James Cain - SC 119/2014
Summary
Civil Appeal – Companies Act 1993, ss 255 and 283 – Whether the Court of Appeal erred by ignoring the requirements of s 255(2)(b) – Whether the Court of Appeal erred by misdirecting themselves on the statutory purpose and the natural wording of s 283(2) – Whether the Court of Appeal erred in deciding that liquidators appointed pursuant to s 283 are not required to advise the Registrar of their appointment – Whether the Court of Appeal erred in deciding that a liquidator’s statutory ability to act as liquidator does not commence immediately on appointment as has been long held in law – Whether the Court of Appeal erred in deciding that pursuant to s 283(2) if the person who wishes to resign is not currently the liquidator there can be no resignation and no new appointment – Whether the Court of Appeal erred in deciding that there was a vacancy when Messrs Gemmell and Cain were appointed by the Official Assignee – Whether the Court of Appeal erred in deciding that the Official Assignee was able to arbitrarily remove and replace a statutorily appointed and properly acting liquidator – Whether the Court of Appeal erred in deciding that Mr Churchill was never validly appointed – Whether the Court of Appeal erred in not allowing leave to adduce certain new evidence – Whether the Court of Appeal erred in their approach to costs.[2014] NZCA 490 CA 857/2012
Result
The application for leave to appeal is dismissed.
The applicant is to pay the respondents costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
19 December 2014
The applicant is to pay the respondents costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
19 December 2014
Related Documents
Leave judgment - leave dismissed — PATRICK DEAN NORRIS v BRUCE DONALD GEMMELL AND RHYS JAMES CAIN [2014] NZSC 190 19 December 2015 (PDF 49 KB)
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