James Hardie Building Products Ltd v Meltzer - [1996] 2 NZLR 506

Company law — Voidable preferences — Deposit of blank cheque with creditor to be completed on authority from company — Company giving authority 23 days after voluntary liquidation — Authorised amount included in entire indebtedness and paid by invoice not then due for payment — Whether deposit of blank cheque and later authority to complete "in the ordinary course of business" — Whether disposition by completion of cheque a voidable preference — Companies Act 1955, ss 266 and 268(3).

Practice and procedure — Time — Setting aside notice of voidable transaction — Meaning of "28 days after the date of service" — Whether computation of time exclusive of date of service — Acts Interpretation Act 1924, s 25(b) — Companies Act 1955, s 268(3).