6 Oct 2014
GRANT & KHOV v BB2 HOLDINGS LIMITED [2014] NZHC 2504
- Citation
- [2014] NZHC 2504
- Court
- High Court
The Court found Doyle By Design insolvent during the relevant periods; Blackbird was partly unsecured by early 2010 (recognised by its director) so payments in 2010 ($6,876.15) were received as payments to an unsecured creditor and are voidable under s 292 because they exceed what unsecured creditors would receive; liquidators failed to prove Blackbird was not fully secured for earlier payments (2008–2009) so those payments were not set aside; s 296(3) defence rejected on change of position grounds; order for recovery of $6,876.15 plus costs to respondent on a 2B basis (costs netted against r…