New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Redeemable preference shares

Legal area

Court

18 Nov 2015

JACQUET v YARROW [2015] NZHC 2873

Citation

[2015] NZHC 2873
Court

High Court

The Court concluded the plaintiffs established there was no real defence: the redemption sum falls within the guarantee's definition of Guaranteed Indebtedness, the alleged defences were either irrelevant, unsupported or not raised to the plaintiffs' knowledge, and therefore summary judgment should be entered as to liability against Mr Yarrow; quantum was reserved for later determination.
18 Dec 2013

THE BANK OF TOKYO-MITSUBISHI UFJ, LTD v SOLID ENERGY NEW ZEALAND LIMITED [2013] NZHC 3458

Citation

[2013] NZHC 3458
Court

High Court

The High Court held the Part 14 compromises were valid and within the scope of the Companies Act 1993; the Support Deed did not prohibit the negotiations or formal agreement reached nor was it breached in a way that invalidated the compromises; notices and creditor class composition complied with the statute and practice; no material irregularity or unfair prejudice to Bank of Tokyo was established; accordingly Bank of Tokyo's claims were dismissed and it is bound by the compromises.