New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contingent claims

Legal area

Court

16 May 2014

EGER PROPERTIES LIMITED v MATAKANA 2008 LIMITED [2014] NZHC 1102

Citation

[2014] NZHC 1102
Court

High Court

Given communications between counsel and the sworn affidavit denying any intention to abscond and asserting rents were up to date, there was no proper basis to grant the extreme freezing and travel restraint orders sought; the applicants withdrew the application and the Court awarded costs to the respondents.
5 Dec 2011

BLACKMORE & FRY HC CHCH CIV-2010-409-001667 & CIV-2010-409-001668

Citation

openlaw-e027913b_2ad2_4f4c_a1a4_2337ab8d7fa8.pdf
Court

High Court

The Court refused to approve the insolvency proposals because the trustee failed to give adequate notice under s330(1) of the Insolvency Act 2006 (time/place and materially changed creditor list given only one day before the reconvened meeting), causing real prejudice to a significant creditor (Carters), and the Court properly exercised its discretion under s333(3) to refuse approval; the late addition of a related‑party creditor and substantial contingent claims reinforced that decision.