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Results: 1-10 of 12

Liquidations and voidable transactions recent and future trends

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • November 24 2014

Two court judgments which could significantly affect New Zealand's insolvent transactions regime are due out soon. When they are released, we will

More than one way to recover insolvent transactions but liquidators take care

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • May 2 2014

Liquidators are not limited to the procedure set out in section 295 of the Companies Act to recover a debt once an insolvent transaction has been set

Accounts receivable more than book debts - Court of Appeal

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • August 20 2013

Confirmation by the Court of Appeal that "accounts receivable" are more than just book debts and include other legally enforceable monetary

First big Australian PPSA decision consistent with New Zealand law

  • Chapman Tripp
  • -
  • Australia, New Zealand
  • -
  • August 1 2013

The first significant decision under the Australian Personal Properties Securities Act 2009 has followed New Zealand and Canadian law. The case

Due process needed in insolvent transaction recovery

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • July 3 2013

Liquidators must seek a court order to recover an insolvent transaction - even where the creditor has not objected in time to a notice under section

Court of Appeal reinforces PPSA lessons from Crafar receivership

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • 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
  • -
  • New Zealand
  • -
  • June 11 2012

It’s now official

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

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • 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
  • -
  • New Zealand
  • -
  • 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
  • -
  • New Zealand
  • -
  • 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