New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Receivers' liability

Legal area

Court

25 Mar 2014

BODY CORPORATE 162791 v GILBERT [2014] NZHC 567

Citation

[2014] NZHC 567
Court

High Court

Section 32(5) does not make a receiver personally liable for unit title levies because levies are statutory incidents of ownership imposed by the Unit Titles Act and body corporate determinations, not payments arising under an agreement relating to use, possession or occupation; 'agreement' in s 32(5) imports consensual arrangements with third parties and does not cover statutory owner obligations. Summary judgment was inappropriate because the receiver has an arguable defence and relief under s 32(7) involves discretionary factual inquiries unsuitable for summary judgment.
25 Jul 2012

SIMPSON AND DOWNES AS RECEIVERS OF CAPITAL + MERCHANT INVESTMENTS LIMITED (IN RECEIVERSHIP) v COMMISSIONER OF INLAND REVENUE SC 30/2012

Citation

SC 30/2012
Court

Supreme Court

The Supreme Court granted leave to appeal and certified the question whether the receivers were required to pay the GST; it declined to grant leave on the contractual argument, holding that the Court of Appeal was not confined to the applicants' narrow interpretation, that the distinction between personal and receivers' liability was meaningless in context, and that the contractual point lacked sufficient general importance and did not disclose a miscarriage of justice.