Spinach Design Limited v Property Ventures Limited (in receivership and liquidation) - SC 140/2013

Summary

Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546  CA 83/2013

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Additional Information

The applications for leave to appeal are dismissed.

The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.

17 March 2014.