22 Feb 2019
APOLLO BATHROOM & KITCHEN LTD (IN LIQ) v LING [2019] NZHC 237
- Citation
- [2019] NZHC 237
- Court
- High Court
The liquidators were entitled to recover $400,000 under s297 because the company entered the transaction within the specified period and the payment caused or occurred when the company was unable to pay its due debts; the s296 defence did not bar recovery because s296 does not operate to defeat a s297 claim for the difference in value and, in any event, the defendant failed to prove she acted in good faith, had no reasonable grounds to suspect insolvency, or altered her position believing the transfer valid; the money had and received claim failed for lack of evidence of a mistake of fact; in…