Arataki Properties Ltd v Craig - [1986] 2 NZLR 294

Company law — Winding up — Misfeasance summons — Limitation of proceedings — Claim by liquidator against director for breach of fiduciary duty in respect of money which had been paid to another company now without assets — Whether cause of action arose at commencement of winding up or at date of breach — Whether director was a trustee for the purposes of the limitation of proceedings — Limitation Act 1950, s 21 — Companies Act 1955, s 321.

Courts — Judicial precedent — Stare decisis — Court of Appeal — Review of previous decisions — Observations that it would be wrong to assume that the Court of Appeal will be willing to depart from a previous decision without argument justifying such a course.