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ANZ National Bank Ltd v Sheahan and Lock - [2013] 1 NZLR 674

$30.00

High Court Wellington
CIV-2011-404-1619; CIV-2011-404-1623; CIV-2011-404-1626; CIV-2011-404-6585; CIV-2011-404-7665; [2012] NZHC 3037
9, 10 August; 15 November 2012
Heath J
Company law — Liquidation — Examination — Solvent Australian liquidation — Whether examination should be ordered — Whether equivalent order could be obtained under Australian law — Insolvency (Cross-border) Act 2006, sch 1, arts 21(1)(d) and 22.
Company law — Liquidation — Examination — Solvent liquidation — Application by liquidators for second examination — Whether second examination likely to benefit creditors — Costs and expenses incurred in responding to notice requiring information and attendance — Attendance by bank’s employee — Whether bank entitled to cover costs and expenses under security agreement — Companies Act 1993, ss 120, 261 and 266.
Company law — Liquidation — New Zealand and Australian companies — Examination in New Zealand liquidation — Use of transcript by Australian liquidators — Whether misuse of transcript — Whether liquidators appointed by shareholders subject to court supervision — Companies Act 1993, s 261.

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