25 Sept 2019
LEVIN v AUTOTERMINAL NEW ZEALAND LTD [2019] NZHC 2412
- Citation
- [2019] NZHC 2412
- Court
- High Court
The Court exercised its discretion under High Court Rules r18.1(e) to require the proceeding to proceed under Part 18 because the s292 Companies Act claim and the s348 Property Law Act claim could not be disregarded as redundant at this early stage, they raise closely related and potentially novel legal and factual issues (including tracing of payments and treatment of security interests and good faith defences), and Part 18 is more likely to secure a just, speedy and inexpensive determination by permitting pleadings and fuller discovery and case management.
- Voidable transactions
- Preferential payments
- Set aside dispositions
- Ppsa security and pmsi
- High court rules parts 18 and 19
- Discovery and tracing issues