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Vivien Judith Madsen-Ries and Henry David Levin as liquidators of Debut Homes Limited and Debut Homes Limited (in liquidation) v Leonard Wayne Cooper and Leonard Wayne Cooper and Tracey Cooper as trustees of the L & T Cooper Family Trust - SC 29/2019

Media releases

Summary

Civil Appeal – Whether the Court of Appeal erred in interpreting s 136 of the Companies Act 1993 – Whether the Court of Appeal erred in considering the Respondent’s actions as a director under ss 131 and 135 of the Companies Act 1993.

Result

A The application for leave to appeal is granted (Debut Homes Ltd (in liq) v Cooper [2019] NZCA 39)
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
21 June 2019
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A The appeal is allowed.
B The High Court orders outlined at [4(a)], (b) and (c) of this Court’s judgment are restored.
C The respondents must pay the appellants costs of $25,000 plus usual disbursements. Costs in the Courts below are to be determined in accordance with this judgment.
24 September 2020

Related Documents

High Court decision — DEBUT HOMES LIMITED (IN LIQUIDATION) v COOPER [2018] NZHC 453 [15 March 2018]

Court of Appeal decision — COOPER v DEBUT HOMES LIMITED (IN LIQUIDATION) [2019] NZCA 39 [8 March 2019]

Leave judgment - leave granted — VIVIEN JUDITH MADSEN-RIES AND HENRY DAVID LEVIN AS LIQUIDATORS OF DEBUT HOMES LIMITED v LEONARD WAYNE COOPER [2019] NZSC 59 [21 June 2019] (PDF 186 KB)

Substantive judgment — VIVIEN JUDITH MADSEN-RIES AND HENRY DAVID LEVIN AS LIQUIDATORS OF DEBUT HOMES LIMITED (IN LIQUIDATION) v LEONARD WAYNE COOPER [2020] NZSC 100 [24 September 2020] (PDF 366 KB)

Recall judgment — VIVIEN JUDITH MADSEN-RIES AND HENRY DAVID LEVIN AS LIQUIDATORS OF DEBUT HOMES LIMITED (IN LIQUIDATION) v LEONARD WAYNE COOPER [2021] NZSC 104 [24 August 2021] (PDF 188 KB)

Additional Information

Transcript

Hearing date 1 October 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ