New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Liquidators' claims

Legal area

Court

16 Nov 2021

JONES and KHOV v TYRELL [2021] NZHC 3084

Citation

[2021] NZHC 3084
Court

High Court

Because the defendant failed to respond or appear and the affidavit evidence established there was no reasonably arguable defence, judgment was entered for the plaintiffs for the debt, interest and costs, and an order was made for delivery up of specified company property.
13 Mar 2019

GRAHAM & JACKSON v TYLER & ANOR [2019] NZHC 430

Citation

[2019] NZHC 430
Court

High Court

Payments made by Arena to the first and second defendants were dispositions by an insolvent debtor made with intent to hinder, delay or defeat creditors (inferred from Ponzi scheme operations); accordingly the payments are set aside under PLA ss 347 and 348 and defendants must repay $317,500 (first defendant) and $259,000 (second defendant) with interest from the liquidation date; Companies Act s 292 need not be decided.