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Scenario: David is one of the students at a company with a 3 month summer job, from December 2018 -February 2019 and was paid $50,000

Scenario:

  • David is one of the students at a company with a 3 month summer job, from December 2018 -February 2019 and was paid $50,000
  • The company pays David and the other students wages far in excess of market rates
  • The company had then suffered financially in 2019, where sales had gone down by 90%, in March 2020 they had failed to pay its GST and other tax liabilities, and some staff had lost their jobs
  • The Company's bank, CBNZ, had threatened to seize the company's stock, in terms of a general security agreement.
  • In June 2020, on the advice of the board, the company;s shareholders had voted unanimously to put the company in liquidation.

Question:

  • Is the Liquidator able to recover any amount from David? Why /Why not? You may use New Zealand legislation to support your answer.

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