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Construction contract creates a security interest

Chapman Tripp
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New Zealand
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May 14 2013

A High Court decision arising out of the Mainzeal receivership confirms that a construction contract can create a security interest in goods. But

Court of Appeal reinforces PPSA lessons from Crafar receivership

Chapman Tripp
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New Zealand
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November 9 2012

The lessons to be drawn from the Crafar receivership in relation to the Personal Properties Securities Act (PPSA) have now been distilled by the Court of Appeal, which has largely confirmed the High Court’s reasoning

High Court clarifies PPSA priority race rules

Chapman Tripp
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New Zealand
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June 11 2012

It’s now official

PPSA section 95 creates dilemma for receivers, unless...

Chapman Tripp
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New Zealand
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March 26 2012

Making a payment to a creditor (in this case, the IRD) will in and of itself give that creditor priority over competing creditors

Supreme Court confirms limited scope of VA casting votes

Chapman Tripp
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New Zealand
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December 8 2011

The Supreme Court has affirmed the Court of Appeal’s finding in August of this year that a voluntary administrator may only use a casting vote at a watershed meeting where the number of creditors voting for and against a proposed deed of company arrangement (DOCA) is equal

Court of Appeal on receivers' limitation of personal liability

Chapman Tripp
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New Zealand
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December 6 2011

Receivers cannot escape personal liability on contracts they cause the company to enter into simply because all of the company’s assets have been paid out

NZBA deed of priority does not affect mortgagor sales

Chapman Tripp
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New Zealand
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September 14 2011

The Court of Appeal has confirmed that the New Zealand Bankers’ Association (NZBA) deed of priority, widely used in the market, limits a mortgagee’s priority only in a mortgageereceivership sale

Court of Appeal backs High Court decision on casting votes

Chapman Tripp
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New Zealand
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September 6 2011

The Court of Appeal has affirmed the High Court’s ruling that a voluntary administrator may only use a casting vote where the number of creditors voting for and against the resolution is equal

Personal Property Securities Act: when is a bailment a lease for a term of more than one year?

Chapman Tripp
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New Zealand
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June 9 2011

The issue of whether all bailments of more than one year qualify as security interests under the Personal Property Securities Act (PPSA) has been clarified by a Court of Appeal decision