8 Jun 2017
EBERT CONSTRUCTION LIMITED v SANSON & ANOR [2017] NZCA 239
- Citation
- (2017) 14 TCLR 607
- Court
- Court of Appeal
The Court held the challenged cash payments were made by the financier (BOSI) pursuant to its own direct contractual obligation to the builder under the direct agreement and not 'by' the company (TPL) for purposes of s292, and therefore they were not voidable insolvent transactions; the apartment conveyance merely implemented a 2006 arrangement that conferred equitable title pre-liquidation and thus was not an insolvent transaction.