High Court Wellington
5, 6 April; 7 June 1990
Gallen J
5, 6 April; 7 June 1990
Gallen J
Company law — Winding up — Pooling order — Three companies operating as a group were placed into receivership and subsequently liquidation — Liquidators sought pooling order to wind-up the companies together, pool their assets and liabilities and treat all creditors equally and all shareholders equally — Effect of pooling order would be to prefer creditors at expense of some shareholders — Whether rights of creditors of insolvent company weighed more heavily than rights of shareholders — Whether affairs of companies were so intermingled that pooling order should be made — Whether rider should be added to pooling order to preserve interests of one creditor — Companies Act 1955, ss 315 B and 315 C.
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