Wilsons (NZ) Portland Cement Ltd v Gatx-Fuller Australasia Pty Ltd (No 2) - [1985] 2 NZLR 33

Company law — Winding-up petition — Arbitration — In interim award arbitrator found contractor's liability was limited to $100,000 - Contractor then sought payment of balance of contract price after deducting $100,000 as the maximum employer might recover if successful in its claim for damages — Employer claimed damages for pre-contractual misrepresentation were not subject to $100,000 limit in contract — Contractor threatened winding-up proceedings if amount not paid — Whether the presentation of a winding-up petition was an abuse of process — Whether an injunction restraining contractor from presenting the petition should be discharged — Whether a Mareva injunction obtained by employer should be set aside.