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Results: 1-10 of 29

KiwiSaver balances off limits in a bankruptcy Court of Appeal
  • Chapman Tripp
  • New Zealand
  • April 21 2015

A bankrupt's KiwiSaver account balance is off limits to the Official Assignee. Even if it were not, the Official Assignee could not use the


Can a lender use a Property Law Act notice to call up a loan?
  • Chapman Tripp
  • New Zealand
  • March 11 2015

In a decision surprising to banks and other lenders, the High Court has ruled that a lender cannot issue a notice to accelerate a loan before the


Liquidation meetings does a secured creditor lose its security by voting?
  • Chapman Tripp
  • New Zealand
  • March 2 2015

The Court of Appeal has confirmed that if a secured creditor votes its secured debt in a liquidation meeting, the vote is invalid - and the security


Supreme Court - important win for creditors over liquidators
  • Chapman Tripp
  • New Zealand
  • February 18 2015

The Supreme Court has today considerably expanded the "good faith" defence for voidable transactions. Where a creditor "gave value" through the


Liquidations and voidable transactions recent and future trends
  • Chapman Tripp
  • New Zealand
  • November 24 2014

Two court judgments which could significantly affect New Zealand's insolvent transactions regime are due out soon. When they are released, we will


Win to ASIC in responsible lending regime
  • Chapman Tripp
  • Australia, New Zealand
  • August 29 2014

The Australian Securities and Investment Commission (ASIC) has flexed its muscles in relation to the responsible lending regime and obtained a


More than one way to recover insolvent transactions but liquidators take care
  • Chapman Tripp
  • New Zealand
  • May 2 2014

Liquidators are not limited to the procedure set out in section 295 of the Companies Act to recover a debt once an insolvent transaction has been set


No satisfactory answer to fate of KiwiSaver balances in a bankruptcy
  • Chapman Tripp
  • New Zealand
  • April 9 2014

The High Court has found that a bankrupt member's interest in a KiwiSaver scheme is available for distribution by the Official Assignee to creditors


Accounts receivable more than book debts - Court of Appeal
  • Chapman Tripp
  • New Zealand
  • August 20 2013

Confirmation by the Court of Appeal that "accounts receivable" are more than just book debts and include other legally enforceable monetary


Care needed in registering financing statements on the PPSR
  • Chapman Tripp
  • New Zealand
  • August 9 2013

An effective security interest relies on a valid financing statement registered on the Personal Property Securities Register (PPSR). Defects in the