New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pari passu rule

Legal area

Court

6 Oct 2015

SANSON AND ANOR v EBERT CONSTRUCTION LIMITED [2015] NZHC 2402

Citation

[2015] NZHC 2402
Court

High Court

The payments made by BOSI under the Direct Agreement were advances of TPL's funds and functioned to reduce TPL's indebtedness to Ebert; those advances and the transfer of the apartment were transactions of TPL entered into within the restricted/specified period while TPL was insolvent; Ebert failed to prove the cumulative s296(3) defence (good faith and lack of reasonable grounds to suspect insolvency), so recovery under s295 is ordered.
6 Dec 2013

JAMES v REYNOLDS [2013] NZHC 3253

Citation

[2013] NZHC 3253
Court

High Court

Leave under s 284 was refused because applicant failed to establish a prima facie arguable case: the funding agreement was lawful under Schedule 7(1)(1)(e) permitting priority to a litigation funder up to its unsecured debt and costs; the unsuccessful summary judgment did not demonstrate abuse of process; applicant's application was driven by self-interest and matters raised were more appropriately pursued as interlocutory applications in the civil proceedings rather than by s 284 leave.