Angela Claire Shaw and Ian Alexander Shaw v Colin David Owens and David Stuart Vance as liquidators of Aluminium Plus Wellington Limited - SC 90/2017

Summary

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in finding the directors’ conduct amounted to breach of the duties imposed by ss 135 (reckless trading) and 137 (duty of care).

Result

A The application for an extension of time to appeal is granted.
B The application for leave to appeal is dismissed.
C Costs of $2,500 are awarded to the respondents.
20 October 2017

Related Documents

High Court decision — C D OWENS AND D S VANCE AS LIQUIDATORS OF ALUMINIUM PLUS WELLINGTON LTD (IN LIQUIDATION) v A C SHAW AND I A SHAW AS TRUSTEES OF THE I&A SHAW FAMILY TRUST [2016] NZHC 1400 [24 June 2016]

Leave judgment - leave dismissed — ANGELA CLAIRE SHAW AND IAN ALEXANDER SHAW v COLIN DAVID OWENS AND DAVID STUART VANCE AS THE LIQUIDATORS OF ALUMINIUM PLUS WELLINGTON LIMITED [2017] NZSC 160 [20 October 2017] (PDF 19 KB)

Additional Information

Judgment appealed from

SHAW V OWENS AND VANCE AS THE LIQUIDATORS OF ALUMINIUM PLUS WELLINGTON LIMITED [2017] NZCA 315 [25 July 2017]