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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

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

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

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

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

PPSA priority set by date of registration, not perfection

Chapman Tripp
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New Zealand
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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”

The bank fees war: round one goes (largely) to the banks

Chapman Tripp
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Australia, New Zealand
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December 8 2011

The Federal Court of Australia has found mostly for the banks in a class action regarding the legality of certain bank fees for overdrawn accounts, dishonoured payments and over-limit credit card charges

Construction contract creates a security interest

Chapman Tripp
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New Zealand
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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

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

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