ALLIED CONCRETE LIMITED v JEFFREY PHILIP MELTZER AND LLOYD JAMES HAYWARD AS LIQUIDATORS OF WINDOW HOLDINGS LIMITED (IN LIQUIDATION) [2013] NZSC 102
The Supreme Court granted leave to appeal and framed the approved question for determination: whether the Associate Judge and Court of Appeal were correct to conclude the payments to the applicants should be set-aside and that judgment should be entered against them; the substantive merits will be resolved on appeal.
Source-derived case information.
- Citation
- [2013] NZSC 102
- Parties
- Applicant: Allied Concrete Limited; Respondent: Jeffrey Philip Meltzer and Lloyd James Hayward as Liquidators of Window Holdings Limited (in liquidation); Applicant: Fences and Kerbs Limited; Respondent: Peter Esmond Farrell and Simon Paul Rogan as Liquidators of Contracting Engineering Limited (in liquidation); Applicant: Hiway Stabilizers New Zealand Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 24 October 2013
- Procedural Posture
- Supreme Court – Application for Leave to Appeal / Leave Granted
- Outcome
- Leave to appeal granted in respect of all applications
- Legal Topics
- Preferences, Voidable Transactions, Set Aside of Payments, Liquidators' Powers, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allied Concrete Limited
Applicant
Jeffrey Philip Meltzer and Lloyd James Hayward as Liquidators of Window Holdings Limited (in liquidation)
Respondent
Fences and Kerbs Limited
Applicant
Peter Esmond Farrell and Simon Paul Rogan as Liquidators of Contracting Engineering Limited (in liquidation)
Respondent
Hiway Stabilizers New Zealand Limited
Applicant
Procedural Posture
Supreme Court – Application for Leave to Appeal / Leave Granted
Legal Issues
- 1 Whether payments made to the applicants should be set-aside and judgment entered against them
- 2 Whether the payments constituted voidable preferences under insolvency law
- 3 Whether recipients have a defence (good faith/value) to liability for return of payments
Ratio Decidendi
The Supreme Court granted leave to appeal and framed the approved question for determination: whether the Associate Judge and Court of Appeal were correct to conclude the payments to the applicants should be set-aside and that judgment should be entered against them; the substantive merits will be resolved on appeal.
Court Disposition
Leave to appeal granted in respect of all applications
Orders
- Leave to appeal is granted in respect of all applications.
- Approved question: whether the Associate Judge and Court of Appeal (as the case may be) was correct to conclude that the payments made to Allied Concrete Ltd, Hiway Stabilizers New Zealand Ltd and Fences and Kerbs Ltd should be set-aside and that judgment should be entered against them accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
ALLIED CONCRETE LIMITED v JEFFREY PHILIP MELTZER AND LLOYD JAMES HAYWARD AS LIQUIDATORS OF WINDOW HOLDINGS LIMITED (IN LIQUIDATION) [2013] NZSC 102 [24 October 2013]IN THE SUPREME COURT OF NEW ZEALANDSC 51/2013[2013] NZSC 102BETWEEN ALLIED CONCRETE LIMITEDApplicantAND JEFFREY PHILIP MELTZER ANDLLOYD JAMES HAYWARD ASLIQUIDATORS OF WINDOWHOLDINGS LIMITED (INLIQUIDATION)RespondentsSC 80/2013BETWEEN FENCES AND KERBS LIMITEDApplicantAND PETER ESMOND FARRELL ANDSIMON PAUL ROGAN ASLIQUIDATORS OF CONTRACTINGENGINEERING LIMITED (INLIQUIDATION)RespondentsSC 81/2013BETWEEN HIWAY STABILIZERS NEW ZEALANDLIMITEDApplicantAND JEFFREY PHILIP MELTZER ANDLLOYD JAMES HAYWARD ASLIQUIDATORS OF WINDOWHOLDINGS LIMITED (INLIQUIDATION)RespondentsCourt: McGrath, William Young and Arnold JJCounsel: J V Ormsby for Applicant SC51/2013J P Temm for Applicant SC80/2013G M Harrison for Applicant SC81/2013B P Keene QC for Respondents SC51/2013 and SC81/2013M D Branch for Respondents SC80/2013Judgment: 24 October 2013JUDGMENT OF THE COURTLeave to appeal is granted in respect of all applications.The approved question is whether the Associate Judge and Court of Appeal (as the case may be) was correct to conclude that the payments made to Allied Concrete Ltd, Hiway Stabilizers New Zealand Ltd and Fences and Kerbs Ltd should be set-aside and that judgment should be entered against them accordingly.____________________________________________________________________Solicitors:Wynn Williams, Christchurch for Applicant SC51/2013Cargill Stent Law, Taupo for Applicant SC80/2013NorthHarbour Law, Orewa for Applicant SC81/2013Hucker & Associates, Auckland for Respondents SC51/2013 and SC81/2013Harkness Henry, Hamilton for Respondents SC80/2013