New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Preference between creditors

Legal area

Court

17 Aug 2016

TIME3 GLOBAL LTD v NORRIE AS LIQUIDATOR OF PAKIRI INVESTMENTS LTD (IN LIQUIDATION) [2016] NZCA 400

Citation

[2016] NZCA 400
Court

Court of Appeal

The appeal is allowed because the Associate Judge's uncontested factual finding that Time3 was not a creditor was open on the evidence; without a creditor/debtor relationship the transaction could not be set aside under s295, and the liquidator also failed to prove any transfer of intellectual property such as would support an order under s298, so the order directing transfer back was quashed and the cross-appeal dismissed.
26 May 2014

EXTERIOR BUILDING CARE GOLEMAN LIMITED v AFO INDUSTRIAL LIMITED (IN LIQUIDATION) (FORMERLY CALLED AIR FLUID OTAGO LIMITED) [2014] NZHC 1163

Citation

[2014] NZHC 1163
Court

High Court

The applicant did not meet the burden to justify a stay: the appeal was not shown to be bona fide or likely to be rendered nugatory by continuation, the liquidator had not demonstrated ability or intent to properly prosecute the appeal, the plaintiff would be injuriously affected and the balance of convenience and interests of justice favoured refusal of a stay; accordingly the stay pending appeal was dismissed.