High Court Wellington
9, 16 July 1997
Master Kennedy-Grant
9, 16 July 1997
Master Kennedy-Grant
Statutes — Interpretation — Scheme of arrangement under Companies Act 1955 — Crown a creditor but not participating in scheme of arrangement — No specific provision in Companies Act binding Crown — Whether Crown bound by scheme — Acts Interpretation Act 1924, s 5(k) — Companies Act 1955, Part V, s 205.
Company law — Scheme of arrangement — Crown a creditor — Whether Crown bound without its consent by scheme — Whether Crown equitably estopped from bringing proceedings for liquidation — Companies Act 1955, s 205.
Company law — Liquidation — Crown a creditor — Exercise of Court's discretion — Whether the terms of scheme of arrangement entered into by other creditors and their wishes relevant to exercise of discretion — Companies Act 1955, s 205.
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