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Results: 11-20 of 21

Are trading trusts getting an easy ride, Law Commission asks

Chapman Tripp
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New Zealand
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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
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New Zealand
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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
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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

Lien vs security interest - who wins?

Chapman Tripp
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New Zealand
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November 7 2011

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

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

Insolvency Practitioners Bill - as reported from the Commerce Select Committee

Chapman Tripp
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New Zealand
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May 24 2011

The report proposes registration, but the criteria for registration are essentially the same as the existing qualification criteria in the Companies Act