New Zealand Bulletin Cases - Full Index

Click any column heading to sort the list of cases.

Return to bulletin index

Area of Law Bulletin Case Name Title in Bulletin
Director's Duties / Liabilities Vol 1, No 1, October 2001 Ede v J A Russell Ltd (2001) 9 NZCLC 262,539 My company owes the money, not me!
PPSA Vol 1, No 1, October 2001 Toronto-Dominion Bank v Co-Pac Ltd (1999) Ontario Court of Appeal Tracing a debtor's assets under the PPSA
Liquidation / Voidable Transaction Vol 1, No 1, October 2001 Meltzer v Axiom International Ltd CA 246/00 - 26 June 2001 Clawback by liquidator fails
PPSA Vol 1, No 2, November 2001 Money in a Minute Auto Loans Ltd v Price 2001 BCSC 864, 15 June 2001 PPSA - what's a PMSI and what does it do?
Director's Duties / Liabilities Vol 1, No 2, November 2001 Re Hilltop Group Ltd (in Liq); Lawrence v Jacobson (2001) 9 NZCLC 262,477, 2 February 2001 Reckless trading - director personally liable
Guarantees Vol 1, No 2, November 2001 Benchmark Building Supplies v Weatherby CA 278/00, 19 July 2001. The minefield of personal guarantees
PPSA Vol 2, No 1, January 2002 Lanson v Saskatchewan Valley Credit Union [1998] 10 WWR 82 (5 October 1998) Canadian PPSA case - creditor authorised sale
Director's Duties Vol 2, No 1, January 2002 Benchmark Building Supplies Ltd v Jackson High Court, Palmerston North CP26/99, 31 May 2001 Being a wife is no excuse
Receivership / Director's Duties Vol 2, No 1, January 2002 Fatupaito v Bates [2001] 3 NZLR 386 (23 May 2001) "Receiver" liable for making company's debt worse
Liquidation / Voidable Transaction Vol 2, No 2, March 2002 Charles R Thomas & Associates Ltd. v Oorschot (2001) Not "ordinary course of business" after legal threats
Statutory Demands Vol 2, No 2, March 2002 Deadline Typesetting Ltd v Fuji Xerox New Zealand Ltd (2001) 9 NZCLC 262,629 Was Deadline Typesetting within deadline?
Receivership Vol 2, No 2, March 2002 Moritzson Properties Ltd v McLachlan (2001) 9 NZCLC 262,448 Receiver selling at a proper price
PPSA Vol 2, No 3, April 2002 - PPSA Special MacDermid Lamarsh v D'Lugos SKQB QB97538 (12 December 1997) Smart lawyers use PPSA to secure payment
PPSA Vol 2, No 3, April 2002 - PPSA Special Alda Wholesale Ltd (Trustee of) 2001BCSC921 (27 June 2001) Vital to get the description right on the Register
Statutory Demands Vol 3, No 1, January 2003 Isolare Investments Ltd v Fetherston (Unrep. High Court, Auckland Registry, M1042IM02, 17 October 2002) Don't misuse the the statutory demand procedure!
Statutory Demands Vol 3, No 1, January 2003 Commissioner of Inland Revenue v Chester Trustee Services Ltd [2002] NZCA 258 (14 October 2002) Winding up a corporate trustee when the trust doesn't pay
Preference Payments Vol 3, No 1, January 2003 Commissioner of Inland Revenue v Edgewater Motel Ltd & Anor [2002] NZCA 293 (18 November 2002) Does GST have priority over repayment to mortgagees?
Official Assignee Vol 3, No 1, January 2003 Stephen Gilbert Anderson v The Official Assignee [2002] NZCA 82 (24 April 2002) A very, very late appeal against a decision of the Official Assignee
Guarantees Vol 3, No 1, January 2003 Overton Holdings Ltd v Owens Properties Ltd [2002] NZCA 260 (24 October 2002) Creditors beware - changing the contract lets the guarantor off the hook
Liquidation Vol 3, No 3, March 2003 Parsons v Norris CA 247/00 [2002] 2 NZLR 497, (15 October 2001) Was this debenture a voidable charge?
Repayment Notices Vol 3, No 3, March 2003 Bryers v Harts Contributory Mortgages Nominee Co Ltd CA 5/02 [2002] 3 NZLR 343, (21 May 2002) If the notice gets the year wrong, is it invalid?
Statutory Demands Vol 3, No 3, March 2003 Global United Enterprise Ltd v Professional Printing and Systems Ltd (Unrep. High Court, Auckland, M1092-IM02, 17 October 2002) What costs should a creditor have to pay when a statutory demand is served and a genuine dispute exists?
Bankruptcy Notices Vol 3, No 3, March 2003 Bruce Macmillan v Edwyn Roberts Contractors Ltd (Unrep. High Court, Auckland, B592/IM02, 2 October 2002) Debtors have 14 days, and only 14 days, to challenge a bankruptcy notice.
Periodic Detention Vol 3, No 4, April 2003 Edmonds v Baycorp Ltd [2003] NZAR 111 The difficulties of imposing periodic detention for debt
Repossession Vol 3, No 4, April 2003 Vehicle Finance Ltd v Smeath NP 9/00 [2002] DCR 775 (22 April 2002) The messy problem of legal advice for small finance deals
Financial Reporting / Act Offences Vol 3, No 4, April 2003 Ministry of Economic Development v Doddrell [2003] DCR 170 The downfall of Tasman Pacific Airlines
Guarantees Vol 3, No 4, April 2003 Mainland Products Ltd v Tovell-Soundy [2003] DCR 188 Director forced to sign guarantee - was it duress?
Guarantees Vol 3, No 4, April 2003 NZ Labour Hire Ltd v Holden [2002] DCR 912 "Come hell or high water I'll pay the debt" - guarantee even though not in writing?

Return to bulletin index