Court of Appeal Wellington
28, 29 November 1994; 17 February 1995
Cooke P, Casey and Tompkins JJ
28, 29 November 1994; 17 February 1995
Cooke P, Casey and Tompkins JJ
Company law — Receivership — Company asset sold while company solvent on the basis that certain payments to be made to a parent holding company — Claim by receivers after receivership for payments from parent holding company — Whether parent holding company obliged to make payments.
Agency — Parent company — Company asset sold while company solvent on the basis that certain payments to be made to a parent holding company — Claim by receivers after receivership for payments from parent holding company — Whether parent company agent for subsidiary in receipt of payments made.
Equity — Unjust enrichment — Company asset sold while company solvent on the basis that certain payments to be made to a parent holding company — Claim by receivers after receivership for payments from parent holding company — Whether parent company unjustly enriched in circumstances entitling subsidiary to claim payment.
Company law — Directors — Company asset sold while company solvent on the basis that certain payments to be made to a parent holding company — Claim by receivers after receivership for payments from parent holding company — Whether directors had exercised their powers for an improper purpose in directing the payments to the parent holding company.
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