19 Jul 2016
PRICEWATERHOUSECOOPERS v WALKER AND OTHERS [2016] NZCA 338
- Citation
- (2016) 23 PRNZ 612
- Court
- Court of Appeal
The Court dismissed the appeal, holding that on construction of the documents as a whole the Assignment was a purchase of a debt and securities and the funding agreement did not effect a bare assignment of the company's cause of action; the claim remained with the company prosecuted by the liquidator, SPF's recovery was in its capacity as secured creditor and there was insufficient basis to infer an improper purpose or abuse of process.