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Results: 1-10 of 63

When is a bank's conduct considered "oppressive"?

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • April 17 2013

The central issue in the recent Court of Appeal decision of Colley v Westpac New Zealand Limited 2013 NZCA 57 was whether the Bank's conduct was

Bank charges class action: how would that play out under new NZ consumer law, and implications for other suppliers?

  • Wigley + Company
  • -
  • New Zealand, United Kingdom
  • -
  • April 11 2013

This continues our series of articles following our piece, New NZ Law many consumer supply contracts potentially illegal by late 2013. Do fees for

Bank class action: “expert” media comments astray, and implications for service contracts

  • Wigley + Company
  • -
  • Australia, New Zealand
  • -
  • March 13 2013

It’s been fascinating watching “experts” comment in the media this week about the proposed class action against banks, sometimes saying a claim

PPSA guidance from New Zealand Court of Appeal: identifying transactions outside the ordinary course of business

  • Herbert Smith Freehills LLP
  • -
  • Australia, New Zealand
  • -
  • January 10 2013

In StockCo Limited v Stiassny & Ors 2012 NZCA 330, the New Zealand Court of Appeal provides some useful guidance for the Australia market in identifying

Bailmentsleases under the PPSA - testing the waters

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • December 20 2012

In Air Liquide New Zealand Ltd v Supagas 2009 Ltd the High Court dismissed a strike out application advanced on the basis that the statement of claim discloses no reasonably arguable cause of action

Confirmation that first to register has priority

  • Bell Gully
  • -
  • New Zealand
  • -
  • December 17 2012

The Court of Appeal has confirmed that priority is determined by date of registration under the Personal Property Securities Act (PPSA

Supreme Court clarifies PPSA regime; confirms 'statutory fixed charge'

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • December 14 2012

The Supreme Court, in its first decision on the Personal Property Securities Act 1999, has clarified some fundamental aspects of the regime in particular that all security interests are fixed in nature

Occupant restrained from removing fixtures during mortgagee sale

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • December 11 2012

In Westpac New Zealand Limited v David Theunissen Limited 2012 NZHC 2486, the High Court made an arrest order against Mr Theunissen (T) for breaching the Court's interim injunction orders

Guarantee covers all present and future liabilities

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • December 11 2012

A recent High Court judgment illustrates the benefit a well drafted guarantee can have for a lender at the time of enforcement of the security

Bell Group appeal: issues for directors and creditors

  • Bell Gully
  • -
  • Australia, New Zealand
  • -
  • November 5 2012

In the latest episode in one of Australia's most complex and lengthy commercial disputes, the Western Australia Court of Appeal recently dismissed an appeal by a syndicate of banks (the Banks) from a decision in favour of the liquidators of the Bell Group (the Group