Publications

Heath and Whale on Insolvency - Antecedent Transactions

LexisNexis · Mar 1, 2020: The chapter on Antecedent Transactions is the most cited by the New Zealand Courts.

An equally divided Supreme Court: receivers still liable for body corporate levies

In a rare split decision, the Supreme Court has upheld the Court of Appeal’s decision holding that receivers are personally liable for body corporate levies under section 32(5) of the Receiverships Act 1993.

The decision in Gilbert v Body Corporate 162791 [2016] NZSC 61 means that receivers will have to make provision to pay body corporate levies due under the Unit Titles Act 2010, unless they vacate possession within 14 days of their appointment.

Hidden priorities - Statutory charges and the PPSA

When can first-ranking charges und​er the Personal Property Securities Act 1999 (PPSA) lose priority and come second?

The answer, the High Court held in Fisk & McCloy v Attorney-General on behalf of the Comptroller of Customs, includes when there is a charge in respect of unpaid duty under s 97(1) of the Customs and Excise Act 1996 (the C&E Act). When can first-ranking charges under the Personal Property Securities Act 1999 (PPSA) lose priority and come second?

AIRCRAFT LIENS AND DETENTION RIGHTS - New Zealand chapter

Sweet and Maxwell · Jan 1, 2016

  • High Court finds that direct payment by financier to construction company can be clawed back by liquidator

  • High Court judgment is set to have a significant impact on the way construction businesses are paid, as liquidators can claw back payments made directly by financiers as voidable transactions. An appeal has been heard but no decision has yet been released.

Directors'​ Defence Costs Denied

South Square Digest · Jun 1, 2015

  • Supreme Court clarifies third party rights to insurance monies

  • "Super Priority"​ for the CIR?"Super Priority"​ for the CIR?

  • New Zealand Law Journal · Jan 1, 2014