18 May 2016
DAVID STUART VANCE AND GRANT STEPHEN JARROLD v CHRISTINE MUSGRAVE [2016] NZHC 1012
- Citation
- [2016] NZHC 1012
- Court
- High Court
The December 2013 loan agreement created a charge given within the specified period and the company was unable to pay its due debts immediately after the charge was given, rendering the charge voidable under s293; the creation of the charge and the obligation permitting the respondent to take the company's assets constituted insolvent transactions entered into within the specified period and are voidable under s292; there was insufficient evidence that a separate January 2015 transaction by the company occurred; the respondent received a benefit of $96,408.54 and must pay that sum to the comp…