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Harte v Wood - [2004] 1 NZLR 526

$30.00

Court of Appeal Wellington
CA 14/03
15 October; 19 November 2003
Gault P, Panckhurst and William Young JJ
Company law — Liquidation — Avoidable transaction — Whether transaction had preferential effect — Standard for alteration of position in reliance on validity of transaction such that inequitable to order repayment to liquidator — Whether creditor altered position in reliance on validity of transaction — Companies Act 1993, ss 292, 294, 295 and 296.
Evidence — Hearsay — Receiver's statutory report — Annexed to affidavit by liquidator's agent rather than affidavit by receiver — Evidence Amendment Act (No 2) 1980, s 3(1)(c)(ii).

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