High Court Wellington
4, 5, 6, 7 July; 14, 15, 16 November 1988; 10, 13, 14 February 1989; 13 April; 4, 9 August 1989
Tipping J
4, 5, 6, 7 July; 14, 15, 16 November 1988; 10, 13, 14 February 1989; 13 April; 4, 9 August 1989
Tipping J
Bankruptcy and insolvency — Alienation of property with intent to defraud creditors — Assignment of goods by a debtor company to an associated company — Whether the assignor intended to defraud its creditors — Whether the assignor received consideration for the assignment — Whether assignment was voidable under s 60 of the Property Law Act 1952.
Company law — Debentures — Floating charge — Assignments of goods by a company to an associated company — Whether the assignor disposed of property in the ordinary course of its business — Meaning of the expression "ordinary course of its business".
Practice and procedure — Costs — Necessary payments — Quantum — Security for repayment of costs if plaintiff successful on appeal — Whether the case justified costs in excess of the full scale — Whether payment of those costs should be subject to an order requiring security for repayment if the plaintiffs were successful on appeal.
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