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Construction contract creates a security interest

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • May 14 2013

A High Court decision arising out of the Mainzeal receivership confirms that a construction contract can create a security interest in goods. But

Case clarifies scope of disturbance payments in Public Works Act

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • March 21 2013

The scope of the "disturbance payments" recoverable by land-owners under section 66 of the Public Works Act 1981 (PWA) was clarified last week in a

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

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

Court of Appeal backs High Court decision on casting votes

  • Chapman Tripp
  • -
  • 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

Personal Property Securities Act: when is a bailment a lease for a term of more than one year?

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • 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

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