Voidable Transactions in the Supreme Court

Voidable Transactions in the Supreme Court

Voidable Transactions in the Supreme Court

When: 5pm - 6.30pm , Thursday 7 May 2020

Where: Old Government House, Princes St, Auckland

NEW DATE AND VENUE: THURSDAY 7 MAY, OLD GOVERNMENT HOUSE, PRINCES ST

Section 292 of the Companies Act 1993 sets out the parameters of the voidable transactions regime, which allows liquidators to claw back “insolvent transactions’ occurring within a two year period before a liquidation. A simple provision but one that has often given rise to disputes. At the centre of these disputes is an inevitable tension between what is fair for the general pool of creditors and fairness for an individual creditor who requires certainty, for example, the smooth supply of goods and services or subcontracting in a construction context.

In a series of voidable transaction decisions the Supreme Court has sought to provide some clarity for creditors and liquidators. In this timely seminar Hon. Paul Heath QC explores these decisions, examining their effect and providing some guidance for those handling potential voidable transaction claims. The Supreme Court decisions covered include:  

  • West City Construction Ltd v Levin [2015] 1 NZLR 362
  • Allied Concrete Ltd v Meltzer [2016] 1 NZLR 141
  • McIntosh v Fisk [2017] 1 NZLR 863; 
  • David Browne Contractors Ltd v Petterson — [2018] 1 NZLR 112; and
  • Robt. Jones Holdings Ltd v McCullagh [2019] NZSC 86