New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Service of notice by email

Legal area

Court

15 Jul 2020

HENDRY v ASB BANK LIMITED [2020] NZHC 1709

Citation

[2020] NZHC 1709
Court

High Court

The court approved the insolvency proposal because the proposal was in prescribed form, the trustee's procedures and reporting complied with the regulations, the requisite majority of creditors in number and value accepted it, no statutory ground under s333(3) to refuse approval was demonstrated, and the evidence established that notices (including by email) were effectively given.
12 Mar 2020

EDMONDS v ASB BANK LIMITED [2020] NZHC 496

Citation

[2020] NZHC 496
Court

High Court

Although there was doubt about the formal ability to approve a joint proposal and the notice was given by email without the statutory agreement required, the Court approved the proposal because it otherwise complied with the Act, was supported by the requisite majority of creditors and was calculated to benefit the general body of creditors; approval was granted as a case-specific exercise of discretion and not as a precedent for future cases.