Richard Ciliang Yan v Mainzeal Property and Construction Limited (in Liquidation) And Ors - SC 48/2021

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Summary

Civil Appeal and Cross Appeal

Result

A Leave to appeal is granted (Yan v Mainzeal Property and Construction Ltd (in liq) [2021] NZCA 99).
B Leave to cross appeal is granted.
6 September 2021
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A The appeals by the directors are dismissed.
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

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