High Court Wellington
CIV-2007-404-6810
16, 17, 18, 19, 20 February; 24 July 2009
Heath J
CIV-2007-404-6810
16, 17, 18, 19, 20 February; 24 July 2009
Heath J
Practice and procedure — Issue estoppel — Finding in liquidation proceeding as to amount of debt against company — Claim by liquidator of company against directors — Whether parties in substance the same — Whether issue estoppel.
Company law — Directors — Property held by company on trust — Disposal of property by directors — Whether disposal of property of company — Whether disposal of property to detriment of creditor — Whether liquidator of company subrogated to rights of trustees to indemnity against trust assets — Companies Act 1993, ss 298(2) and 301.
Trusts and trustees — Trading trusts — Nature of — Insolvency of — Observations.
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