Marion MacNeill thought all was sorted between her and her brother after agreeing to buy out his half share in their company NZ Fibreglass (2025) for $80,000 only to see brother William attempt to wind up the company three months later claiming he was still owed $6200 wages.
Associate Judge Taylor dismissed the winding up application. There is a genuine dispute whether payment for wages is due, he ruled.
The High Court was told of ongoing acrimony between the two siblings.
Ms MacNeill alleges her brother is in cahoots with Ross George who sold the business to them three years previously.
Ms MacNeill’s NZ Fibreglass (2025) Ltd is currently engaged in two disputes with companies associated with Mr George: the first over sale price adjustments for stock and debtors included in the MacNeills earlier purchase; the second over rentals payable for lease of a Morrin Road site in Auckland suburb St Johns.
Ms MacNeill says her brother’s full wages entitlement was paid out as part of their March 2025 settlement agreement where she bought out his half share.
This is still a matter of dispute, Judge Taylor said.
A supposedly unpaid creditor cannot force a debtor company into liquidation for non-payment where the debt is genuinely disputed.
Separately, Judge Taylor ruled there was insufficient evidence that NZ Fibreglass (2025) Ltd is insolvent; proof of insolvency alone is grounds to force a company into liquidation.
MacNeill v. NZ Fibreglass (2025) Ltd – High Court (8.05.26)
26.156