New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Security interest priority

  • 30 Aug 2019

    VLASIC v ZELANDE LTD & OR [2019] NZHC 2152

    Citation
    [2019] NZHC 2152
    Court
    High Court

    Section 284 permits the liquidators to seek court directions on the validity, existence of a lien and priority of a creditor's claim in the liquidation; there is no jurisdictional requirement that complex common law damage claims be commenced as separate ordinary proceedings before such directions can be sought; procedural form is a matter of case management and contested factual/damages matters may be reserved for a further hearing with appropriate pleadings and discovery; insolvency set-off under s 310 is relevant to quantification of claims.

  • 19 Mar 2012

    CAREY & ANOR v SMITH & ORS HC AK CIV 2011-404-5819

    Citation
    openlaw-fb638992_4e8e_4763_ac62_f539ab216ff7.pdf
    Court
    High Court

    Summary judgment was declined because defendants put forward a plausible, uncontradicted account creating real questions to be tried on pre‑liquidation uplift (so summary disposal inappropriate), and because plaintiffs' post‑liquidation proprietary rights were undermined by ANZ's prior perfected security interest given plaintiffs failed to register their purchase money security interest; the novel contention that liquidation by shareholders/directors amounted to conversion also failed on the facts (shareholders voted for liquidation and liquidation per se did not constitute conduct inconsiste…