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Court of Appeal reinforces PPSA lessons from Crafar receivership
- Chapman Tripp
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- 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
PPSA priority set by date of registration, not perfection
- Chapman Tripp
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- 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
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- New Zealand
- -
- June 11 2012
It’s now official
Court confirms its broad power in voluntary administrations
- Chapman Tripp
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- New Zealand
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- May 24 2012
The High Court has confirmed its broad power to bypass the strict legislative requirements that otherwise govern voluntary administrations
PPSA section 95 creates dilemma for receivers, unless...
- Chapman Tripp
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- 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
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- 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
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- 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
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- 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
Court of Appeal backs High Court decision on casting votes
- Chapman Tripp
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- New Zealand
- -
- 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
Lessons from the Crafar receivership: Part Two
- Chapman Tripp
- -
- New Zealand
- -
- May 13 2011
Big receiverships often test legal boundaries, and the Crafar group receivership is no exception
Current Search
- Jurisdiction - New Zealand
- Firm Name - Chapman Tripp
- Author - Michael Arthur
- Workarea - Insolvency & Restructuring
- Workarea - Litigation
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