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Covacich v Riordan - [1994] 2 NZLR 502

$30.00

High Court Wellington
13, 21 October 1993
Fisher J
Company law — Debentures — Voluntary winding up of company — Whether floating charge in debenture automatically crystallised before winding up commenced — Whether trigger event under automatic crystallisation clause in debenture needs to be overt positive act by debenture holder — Effect on priorities as between debenture holder and liquidator — Whether a liquidator entitled to be paid his costs and expenses arising out of the liquidation in priority to the debenture holder's claim to the proceeds of sale upon a realisation of the company's assets — Companies Act 1955, ss 299 and 308.

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