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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

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

Current Search

Jurisdiction - New Zealand
Firm Name - Chapman Tripp
Author - Michael Arthur
Author - Hamish Foote
Workarea - Insolvency & Restructuring
Workarea - Litigation