Bank of New Zealand Ltd v Rada Corporation Ltd - [1989] 1 NZLR 750

Company law — Winding up — Substitution or addition of creditor as plaintiff — Interpretation of Part IXA of the High Court Rules, as amended in 1988 - Inherent jurisdiction — Whether a creditor can be substituted or added as a plaintiff to a winding-up proceeding if his application is made after the date initially appointed by the Registrar for the hearing of the proceeding under R 700F(1) - Whether the expression "the day appointed for the hearing" in RR 700S and 700X includes any subsequent adjourned date after the initial date of hearing fixed by the Registrar — High Court Rules (as amended in 1988), RR 700F, 700S, 700T, 700V and 700X.

Company law — Winding up — Discontinuance of winding-up proceeding — Inherent jurisdiction — Whether a creditor is entitled to discontinue a winding-up proceeding commenced under Part IXA of the High Court Rules after the proceeding has been adjourned for a fixture on a defended basis — Whether the Court has inherent jurisdiction to set aside a discontinuance for abuse of process — High Court Rules (as amended in 1988), RR 474 and 700V(2).