Peter Gomm, Jennifer Mary Shipley and Clive William Charles Tilby v Mainzeal Property and Construction Limited (in liquidation), Andrew James Bethell, Richard Ciliang Yan and Andrew McKay - SC 52/2021
Media releases
Summary
Result
B The cross-appeal by the liquidators is allowed to the extent that in lieu of the remittal of the proceedings back to the High Court, we order the directors to contribute to the assets of Mainzeal $39.8 million together with interest at prescribed rates since 28 February 2013 with the liabilities of Dame Jennifer Shipley and Messrs Tilby and Gomm each limited to $6.6 million and interest.
C The directors are to pay costs in the sum of $65,000 together with reasonable disbursements.
25 August 2023
Date of Hearing
07 March 2022 — 11 March 2022
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case Synopses
Hearing Transcripts
Related Documents
High Court decision — MAINZEAL PROPERTY AND CONSTRUCTION LIMITED (IN LIQ) v YAN AND OTHERS [2019] NZHC 1637 [12 July 2019]
Court of Appeal decision — YAN v MAINZEAL PROPERTY AND CONSTRUCTION LIMITED (IN LIQUIDATION) [2021] NZCA 99 [31 March 2021]
Leave judgment - leave granted — RICHARD CILIANG YAN v MAINZEAL PROPERTY AND CONSTRUCTION LIMITED (IN LIQUIDATION) [2021] NZSC 109 [6 September 2021] (PDF 40 KB)
Substantive judgment — RICHARD CILIANG YAN v MAINZEAL PROPERTY AND CONSTRUCTION LIMITED (IN LIQ) [2023] NZSC 113 [25 August 2023] (PDF 953 KB)