Judicature Act 1908 No 89 (as at 01 February 2012), Public Act

Act by section

17A Jurisdiction as to liquidation of associations
  • (1) In this section, association includes any partnership, company, or other body corporate, or unincorporated body of persons other than—

    • (a) a company or an overseas company, as defined in section 2 of the Companies Act 1993; or

    • (b) a company as defined in section 2 of the Companies Act 1955; or

    • (c) a body corporate that may be put into liquidation in accordance with the provisions of any Act under which it is constituted.

    (2) The court has jurisdiction to appoint a named person or an Official Assignee for a named district as the liquidator of an association.

    (3) An application for the appointment of a liquidator may be made by the association or a director or member or creditor or the Registrar of Companies.

    (4) The court may appoint a liquidator if it is satisfied that—

    • (a) the association is dissolved or has ceased to carry on business or is carrying on business solely for the purpose of terminating its affairs; or

    • (b) the association is unable to pay its debts; or

    • (c) it is just and equitable that the association be put into liquidation.

    Section 17A: inserted, on 1 July 1994, by section 2 of the Judicature Amendment Act 1993 (1993 No 117).