New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S 292

Legal area

Court

14 Mar 2016

COLIN DAVID OWENS AND DAVID STUART VANCE v T R GROUP LIMITED [2016] NZHC 427

Citation

[2016] NZHC 427
Court

High Court

The court held the payments did not form part of a continuing business relationship because truck rentals had been stopped and the payments were predominantly backward‑looking to reduce indebtedness; T R Group established the s 296(3) defence for payments of 5 and 14 February 2014 but from 21 March 2014 onwards a reasonable person in T R Group's position would have suspected insolvency, so payments from 21 March 2014 are voidable and must be repaid to the liquidators with interest.
20 Oct 2014

TEDDI ALISON ROSS v BRYAN KEITH ROSS [2014] NZHC 2582

Citation

[2014] NZHC 2582
Court

High Court

Permission to file an objection under s 292 was refused because the creditor failed to pursue the statutory remedies under ss 226 or 147 in time, the Official Assignee had investigated and reasonably concluded no recoverable assets existed, the objection was an impermissible backdoor attack on the assignee's earlier decision, and a public examination was unlikely to disclose assets but would impose costs reducing creditor dividends.