High Court Wellington
CIV 2008-404-8585
11, 30 June 2009
Lang J
CIV 2008-404-8585
11, 30 June 2009
Lang J
Bankruptcy and insolvency — Company law — Whether liquidators required to pay rent arrears to lessor under lease to insolvent company — Lessor made payment of arrears condition of consent to assignment of lease to purchaser of business as going concern — Whether lessor prohibited by statute from seeking arrears — Whether lessor unreasonably withheld consent to assignment — Whether payment of arrears voidable preference — Meaning of “amount”, “consideration”, “additional rent”, “premium”, “fine” — Companies Act 1993, ss 269, 275, 296, 312 and 313.
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