| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 414/08 |
| Hearing date | 8 Dec 2008 |
| Determination date | 08 December 2008 |
| Member | R Arthur |
| Representation | SG Rezqallah (in person) ; I McLennan |
| Location | Auckland |
| Parties | Rezqallah v Dental World (NZ) Ltd (in Liquidation) |
| Summary | PRACTICE AND PROCEDURE – Respondent in voluntary liquidation – Consent from liquidators required to continue proceedings under s248(1)(c) Companies Act 1993 (“CA”) – Liquidators had not responded to Authority’s questions – Authority contacted consultant in liquidator’s firm – Consultant stated liquidators not in position to agree or disagree with applicant continuing proceedings against respondent because had not determined extent of funds for distribution – Authority considered that after six month wait, effectively was statement that liquidators did not agree – Authority found s248(1)(c) CA required positive act of agreement if proceedings are to be allowed to continue – Silence or equivocation not enough – Could not proceed to investigate and determine matter, including issue of employment status – Authority found could not dismiss claim nor do anything more about i |
| Result | Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Companies Act 1993 s248(1)(c);Companies Act 1993 Schedule 7 |
| Number of Pages | 4 |
| PDF File Link: | aa 414_08.pdf [pdf 18 KB] |