Court of Appeal Wellington
17, 25 May 2001
McGrath, Ellis and McGechan JJ
17, 25 May 2001
McGrath, Ellis and McGechan JJ
Bankruptcy and insolvency — Statutory demands — Demand by shareholder for payment of current account — Whether fairly arguable that funds to be left in by agreement — Proper approach to affidavit evidence — Whether dividends actually declared — Arguable defence to part of demand — Whether appropriate to allow demand to stand for balance — Companies Act 1993, s 290.
Company law — Dividends — Amounts reflected in current accounts — No declaration of solvency — Whether dividends actually declared — Companies Act 1993, s 52.
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