Yan v Mainzeal Property and Construction Limited (in liquidation)

[2021] NZSC 109

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 48/2021
 [2021] NZSC 109

BETWEEN	RICHARD CILIANG YAN Applicant
AND	MAINZEAL PROPERTY AND CONSTRUCTION LIMITED (IN LIQUIDATION) First Respondent
KING FAÇADE LIMITED (PREVIOUSLY KNOWN AS RICHINA LAND LIMITED) (IN LIQUIDATION) Second Respondent
MAINZEAL GROUP LIMITED (IN LIQUIDATION) Third Respondent
ANDREW JAMES BETHELL AND BRIAN MAYO-SMITH Fourth Respondents
PETER GOMM Fifth Respondent
JENNIFER MARY SHIPLEY Sixth Respondent
CLIVE WILLIAM CHARLES TILBY Seventh Respondent
PAUL DAVID COLLINS Eighth Respondent
RICHINA GLOBAL REAL ESTATE LIMITED (IN LIQUIDATION) Ninth Respondent

SC 52/2021
BETWEEN	PETER GOMM First Applicant
JENNIFER MARY SHIPLEY Second Applicant
CLIVE WILLIAM CHARLES TILBY Third Applicant
AND	MAINZEAL PROPERTY AND CONSTRUCTION LIMITED (IN LIQUIDATION) First Respondent
ANDREW JAMES BETHELL AND BRIAN MAYO-SMITH Second Respondents
RICHARD CILIANG YAN Third Respondent

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	D J Chisholm QC, T P Mullins and T Hu for Mr Yan J E Hodder QC, M D Arthur and J Marcetic for Mr Gomm, Dame Jenny Shipley and Mr Tilby M D O’Brien QC, Z G Kennedy and M D Pascariu for Mainzeal Property and Construction Ltd and Messrs Bethell and Mayo‑Smith
Judgment:	6 September 2021

JUDGMENT OF THE COURT

ALeave to appeal is granted (Yan v Mainzeal Property and Construction Ltd (in liq) [2021] NZCA 99).

BLeave to cross appeal is granted.

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REASONS

1. Leave is intended to encompass all of the questions raised in the notices of application for leave to appeal and cross appeal and in the submissions for leave to appeal and cross appeal.

Solicitors:
Lee Salmon Long, Auckland for Mr Yan
Chapman Tripp, Auckland for Mr Gomm, Dame Jenny Shipley and Mr Tilby
MinterEllisonRuddWatts, Auckland for Mainzeal Property and Construction Ltd and Messrs Bethell and Mayo‑Smith