Bernard Terence Whimp v The Queen - SC 83/2008

Summary

Criminal appeal – Companies Act 1993 – applicant convicted of burglary, removing records of a company in liquidation, and failing to supply records of a company in liquidation – whether the Court of Appeal erred in concluding there was sufficient evidence to establish a tenancy of the premises which could be enforced by the liquidator – whether the Court of Appeal relied on inadmissible secondary and hearsay evidence in doing so – whether the Court of Appeal erred in concluding that there was sufficient evidence of a licence over the property, the circumstances of which determined the applicant’s rights in relation to the premises and rendered him a trespasser – whether the  Court of Appeal erred in determining the scope of a liquidator’s powers under s 261(1) of the Act.[2008] NZCA 405  CA 523/2008   8 October  2008

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Additional Information

Application for leave to appeal dismissed.

4 February 2009