Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when acting for a creditor seeking to wind up a company that is unable to pay its debts in New Zealand. It guides the practitioner through verifying the debt, serving a statutory demand, initiating court proceedings in the High Court, advertising the application, and obtaining a liquidation order. This guide is designed to ensure strict compliance with statutory timeframes and procedural rules, reducing the risk of cost penalties or strike-out applications.
Jurisdiction: High Court of New Zealand, operating under a national jurisdiction. The parent plan focuses on the undisputed commercial debt pathway (requiring a verifying affidavit), while the fork covers the judgment debt pathway (where a court judgment has already been sealed).
The Process at a Glance: First, confirm the debt is due and undisputed, and check the company status on the register. Draft and serve a statutory demand that meets section 289 of the Companies Act 1993. If the debtor company does not comply or apply to set aside the demand within 15 working days, they are presumed insolvent. You then have 30 working days to file a statement of claim and notice of proceeding in the High Court. Personally serve the proceeding at the registered office, notify the Registrar within 7 working days, and monitor the 10-day voluntary liquidation loophole. Finally, advertise the application in the New Zealand Gazette and a local newspaper, and appear at the High Court hearing to obtain the liquidation order.
Use this plan when acting for a creditor seeking to wind up a company that is unable to pay its debts in New Zealand. It guides the practitioner through verifying the debt, serving a statutory demand, initiating court proceedings in the High Court, advertising the application, and obtaining a liquidation order. This guide is designed to ensure strict compliance with statutory timeframes and procedural rules, reducing the risk of cost penalties or strike-out applications.
Key Legislation and Case Law: Governed by Part 16 of the Companies Act 1993 (specifically sections 241, 287, 288, 289, 290, and 387), Part 31 of the High Court Rules 2016, and the Oaths and Declarations Act 1957. Affidavits must strictly comply with Rule 9.85 of the High Court Rules 2016, requiring an authorized witness holding a current practicing certificate.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Court-Ordered Company Liquidation (Creditor) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Bankruptcy & Insolvency cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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