New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Secured debt

  • 24 Aug 2022

    JACKSON v GRANT [2022] NZHC 2113

    Citation
    [2022] NZHC 2113
    Court
    High Court

    Limited discovery was appropriate. The Court ordered Arena and Quaestor (and receivers to the extent they hold such documents) to produce documents relating to the negotiation and meaning of the 'Final Interest Payment'; ordered the receivers to produce the development budget, monthly engineer certification reports for civil works and monthly Quantity Surveyor reports; and ordered Arena and Quaestor to produce documents relating to decisions to incur the Preservation Costs and the reasons for and necessity of those Preservation Costs which remain in dispute. Discovery outside those narrow cat…

  • 12 Feb 2019

    MAHARAJ v KISHORE [2019] NZHC 108

    Citation
    [2019] NZHC 108
    Court
    High Court

    The Court refused to approve the proposal because the terms were unacceptably vague and unsupported on funding such that the proposal was unreasonable under s 333(3)(b), and because it was inexpedient to approve under s 333(3)(c) given evidence the insolvent had traded while insolvent for many years and relied on a very large, long‑running secured claim by Westminster (much comprising accrued penalty interest) which created a public interest risk requiring supervisory scrutiny via bankruptcy; accordingly the Court declined to exercise its discretion to approve the proposal.