Lindsday Allan Clark v Libra Developments Limited and Russell Ernest Hyslop - SC 87/2006

Summary

Civil – partnership – First Respondent removed from companies register and subsequently reinstated – whether Court of Appeal erred in finding that parties’ partnership continued on removal from the register of the First Respondent – whether Court of Appeal erred in finding the partnership included new ventures entered into during the period the First Respondent was removed from the register – whether s 158 Companies Act validates actions of sole director after bankruptcy results in his or her being disqualified from holding office – whether company removed from the register capable of continuing to be a partner in a partnership – effect on partnership of company’s property vesting in the Crown (s 324 Companies Act) if partnership not automatically dissolved.CA 26/05 31 October 2006

Result

Application for leave to appeal dismissed. Costs $2,500 and disbursements to the respondent. 15 March 2007

Additional Information

Clark v Hyslop [2007] NZSC 16 (15 March 2007)

Clark v Libra Developments Ltd CA26/05 [2006] NZCA 472   31 October 2006