Fletcher Development & Construction Ltd v New Plymouth Hotels Holdings Ltd - [1986] 2 NZLR 302

Company law — Winding up — Jurisdiction to restrain winding-up proceedings — Abuse of process — Injunction to restrain winding-up petition on ground of unfair use of winding-up procedure — Duty of full disclosure — Alleged bona fide dispute concerning a debt and counterclaim — Affidavits did not disclose that the company seeking the injunction was in receivership — Although High Court Judge was orally advised by counsel that company was in receivership, that fact was not adverted to in judgment granting injunction — Whether company had made a full and frank disclosure of the material facts — Whether injunction should be vacated on appeal — Companies Act 1955, s 218.