New Zealand Bulletin Cases - Full Index
Click any column heading to sort the list of cases.
| Area of Law | Bulletin | Case Name | Title in Bulletin |
|---|---|---|---|
| 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 |
| 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 |
| Guarantees | Vol 1, No 2, November 2001 | Benchmark Building Supplies v Weatherby CA 278/00, 19 July 2001. | The minefield of personal guarantees |
| 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. |
| 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? |
| 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 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? |
| 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? |
| 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! |
| Periodic Detention | Vol 3, No 4, April 2003 | Edmonds v Baycorp Ltd [2003] NZAR 111 | The difficulties of imposing periodic detention for debt |
| 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 |
| 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? |
| 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! |
| 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 |
| 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 |
| Guarantees | Vol 3, No 4, April 2003 | Mainland Products Ltd v Tovell-Soundy [2003] DCR 188 | Director forced to sign guarantee - was it duress? |
| Liquidation / Voidable Transaction | Vol 1, No 1, October 2001 | Meltzer v Axiom International Ltd CA 246/00 - 26 June 2001 | Clawback by liquidator fails |
| 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 |
| 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? |
| Receivership | Vol 2, No 2, March 2002 | Moritzson Properties Ltd v McLachlan (2001) 9 NZCLC 262,448 | Receiver selling at a proper price |
| 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? |
| 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? |
| 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 |
| 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 |
| 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 |
| 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 |