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David Charles Browne and David Browne Contractors Limited and David Browne Mechanical Limited v David Ross Petterson as liquidator of Polyethylene Pipe Systems Limited (in liquidation) - SC 57/2017

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Summary

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its approach to, and appreciation of, the evidence – Whether the Court of Appeal erred in its application of ss 295(a), 299(1) and 299(3) of the Companies Act 1993. [2016] NZCA 189   CA291/2015

Result

A The application for leave to appeal by Mr Browne is dismissed.
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
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A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement).  We certify for two counsel.
7 August 2017

Hearing Transcripts

Related Documents

High Court decision — DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) v DAVID CHARLES BROWNE [2015] NZHC 866 [29 April 2015]

Court of Appeal decision — PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LTD (IN LIQ) V BROWNE [2016] NZCA 189 [10 May 2016]

Leave judgment - leave granted — DAVID CHARLES BROWNE v DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) [2016] NZSC 107 [16 August 2016] (PDF 90 KB)

Substantive judgment — DAVID BROWNE CONTRACTORS LIMITED AND DAVID BROWNE MECHANICAL LIMITED v DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) [2017] NZSC 116 [7 August 2017] (PDF 547 KB)