New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Voting at creditors' meeting

  • 26 May 2020

    Re Brown [2020] NZHC 1131

    Citation
    [2020] NZHC 1131
    Court
    High Court

    The Court approved the proposal under s333 because procedural requirements were met, the $40,000 offer—though a small percentage of total debts—was not derisory given the insolvent's limited realisable assets and uncertain contributions in bankruptcy, family-associated creditor votes were genuine and did not improperly determine the outcome, no public interest or misconduct concerns arose, and s333(4) priority and trustee costs were provided for.

    • Proposal approval
    • Voting at creditors' meeting
    • Family creditor votes
    • S333 insolvency act 2006
    • Derisory dividend
    • Public interest/expediency

  • 30 Oct 2014

    Re Wikeley, ex p Jacomb [2014] NZHC 2677

    Citation
    [2014] NZHC 2677
    Court
    High Court

    Regulation 12 requires substantive compliance with prescribed evidential requirements for a claim to be admitted for voting; the provisional trustee erred in admitting the claims of Gemma Wikeley and Jonathon Collins which lacked the required supporting evidence and description of how and when the debts arose, and those admissions are set aside and the claims rejected so their votes do not count.

    • Creditor claims
    • Proof of debt
    • Provisional trustee powers
    • Voting at creditors' meeting
    • Appeal under regulation 32
    • Insolvency (personal insolvency) regulations 2007