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Results: 11-20 of 26

PPSA priority set by date of registration, not perfection

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • October 4 2012

The Court of Appeal has reversed the High Court’s decision in Healy Holmberg Trading Partnership v Grant on a PPSA issue it describes as being of “practical significance”

High Court clarifies PPSA priority race rules

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

It’s now official

Court confirms its broad power in voluntary administrations

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • May 24 2012

The High Court has confirmed its broad power to bypass the strict legislative requirements that otherwise govern voluntary administrations

Receivers must account to IRD for GST

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • April 24 2012

The Court of Appeal has upheld the principle that receivers must account to IRD for the GST on a mortgagee sale, even where the mortgagee was not GST registered

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

Are trading trusts getting an easy ride, Law Commission asks

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • February 21 2012

The Law Commission is looking into whether the regulation of trading trusts gives enough protection to creditors and beneficiaries in circumstances of insolvency

Reinsurance proceeds subject to charges under the Law Reform Act 1936

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • January 22 2012

Section 9 of the Law Reform Act 1936, recently the subject of the somewhat controversial Steigrad decision, has been held to apply to contracts of reinsurance in a High Court judgment delivered earlier this month

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

Lien vs security interest - who wins?

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • November 7 2011

A lien is the right to hold on to goods, and in some cases sell them, in order to ensure payment