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 in Form 9. 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.
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. Relevant case law includes the leading authority Leading Edge v Propeller Property [2012] NZHC 1074 regarding the abuse of process in advertising pending stay applications. 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) - Judgment Debt Pathway 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 Insolvency & Restructuring cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Under s 289(1) Companies Act 1993, a statutory demand based on a judgment debt does not require a verifying supporting affidavit of debt to be served with it. This significantly reduces the risk of the demand being set aside under .
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Service must comply with s 387 Companies Act 1993. Sunday service is void at common law.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Failure to comply within 15 working days triggers the rebuttable presumption of insolvency under s 287(a) Companies Act 1993. Winding up proceedings must be filed within 30 working days under s 288(1).