Court of Appeal Wellington
CA357/2010; [2011] NZCA 390
13 July; 15 August 2011
Arnold, Stevens and Wild JJ
CA357/2010; [2011] NZCA 390
13 July; 15 August 2011
Arnold, Stevens and Wild JJ
Company law — Voluntary administration — Deed of company arrangement — Resolution for execution of deed of company arrangement — Casting vote — Numerical majority in favour of resolution — Whether administrator had casting vote — Companies Act 1993, s 239AK(2).
Company law — Voluntary administration — Creditor owed largely preferential debt — Deed of company arrangement failing to take into account creditor’s preferential position on liquidation — Whether deed of company arrangement oppressive or unfairly prejudicial — Companies Act 1993, s 239ADD(2).
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