New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S296 defence

Legal area

Court

2 Jul 2013

LEVIN & ANOR v SHOT BLAST SERVICES (AUCK) LIMITED [2013] NZHC 1656

Citation

LEVIN & ANOR v SHOT BLAST SERVICES (AUCK) LIMITED [2013] NZHC 1656
Court

High Court

The transactions identified in the liquidators' notice (paras 1.4–1.7) are voidable under s292 of the Companies Act 1993 and the applicants are entitled to repayment of $11,103 under s295(a); on the facts and conduct of the parties the Court makes no order as to costs (costs to lie where they fall).
21 Dec 2012

HENRY DAVID LEVIN AND DAVID STUART VANCE AS LIQUIDATORS OF MULTI CONSTRUCTION CONCEPTS (MCC) LIMITED (IN LIQUIDATION) V SHOT BLAST SERVICES (AUCK) LIMITED HC AK CIV 2012-404-000433

Citation

openlaw-51543035_dcd1_4a15_9962_7335d67a88f6.pdf
Court

High Court

On the evidence the liquidators failed to prove the first payment was outside the ordinary course and Shot Blast successfully rebutted the presumption for the second and third payments; consequently the three payments in issue were made in the ordinary course of business and cannot be set aside under s292; matters relating to s296 defences and later payments were reserved.