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Results: 1-10 of 32

Supreme Court clarifies solvency test
  • Chapman Tripp
  • New Zealand
  • August 9 2017

The Supreme Court this week provided clarification on the extent to which a disputed damages claim should be taken into account when deciding whether


Voidable transactions and Ponzi schemes - the Supreme Court’s ruling
  • Chapman Tripp
  • New Zealand
  • July 7 2017

The Supreme Court’s decision in McIntosh v Fisk has confirmed how the courts will deal with claw back claims under the voidable transactions regime in


Insolvency law reform - submissions sought
  • Chapman Tripp
  • New Zealand
  • May 23 2017

The Insolvency Working Group's second and final report, released last week, deals with voidable transactions and Ponzi schemes. It proposes a number


New rules on company creditor compromises
  • Chapman Tripp
  • New Zealand
  • March 9 2017

Two High Court decisions setting aside creditors' compromises give new guidance on the parameters of Part 14 of the Companies Act 1993


Appeal court keeps parent company on the hook
  • Chapman Tripp
  • New Zealand
  • August 17 2016

The Court of Appeal has dismissed an appeal by Steel & Tube Holdings Limited (STH) against the legal basis and quantum of a $750,000 judgment based


Liquidator "fabricated" key document - High Court
  • Chapman Tripp
  • New Zealand
  • July 28 2016

A High Court finding this month that a liquidator fabricated a key document and failed to account for receipts of over half a million dollars


Direct deeds not the protection expected
  • Chapman Tripp
  • New Zealand
  • October 21 2015

Direct deeds provide limited protection for contractors. This is the effect of the judgment arising from what is believed to be the first use of the


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


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