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On 8 August 2001 a case was heard before Laurenson J. Although the case was specifically to do with Tasman Pacific Airlines NZ Limited, the outcome of the case affects all liquidators.
The decision in the case read as follows:
| "The applicant liquidators do not have any power, right and/or obligation to provide a list of creditors of Tasman Pacific Airlines of NZ Ltd (In Receivership and In Liquidation) to any person or body except in circumstances prescribed in s.256 of the Companies Act 1993". |
The important part of the decision insofar as we are concerned is the part that reads as follows:
| "…liquidators do not have any power, …to provide a list of creditors…;" |
We as liquidators work for the benefit of creditors. If any creditor requires such a list the creditor should be told that the matter will be referred to the partner concerned.
DISCLAIMER
This article is intended to provide general information and should not be construed as legal advice. Parties who require clarification on issues raised in this article should take their own legal advice.