Finnigan v Ellis - [2018] 2 NZLR 123

Bankruptcy and insolvency — Company law — Liquidators — Liquidators’ application for orders directing former director of company to provide information relating to personal financial position — Whether jurisdiction to disclose private personal financial information — Whether Court should exercise power to disclose private information — Whether power to obtain private financial information from prospective defendant — Whether power to obtain information about a director’s judgment worthiness — Whether desirability of consistency with Australian law requires interpretation to allow disclosure — Whether privacy concerns should be weighed against orders applied for — New Zealand Bill of Rights Act 1990.

Company law — Insolvency — Directors — Investigation of personal affairs — Interpretation of s 266(2)(b) Companies Act 1993 — Whether jurisdiction to disclose private personal financial information — Whether Court should exercise power to disclose private information — Whether privacy concerns should be weighed against orders applied for — Companies Act 1993, ss 261 and 266.

Human rights — New Zealand Bill of Rights Act 1990 — Privacy — Intrusion into director’s personal affairs — Whether privacy concerns should be weighed against application for disclosure of personal financial affairs.

Tort — Invasion of privacy — Whether privacy concerns should be weighed against application for disclosure of personal financial affairs.