Court of Appeal Wellington
23, 24, 25 July; 18 October 1990
Somers, Casey and Hardie Boys JJ
23, 24, 25 July; 18 October 1990
Somers, Casey and Hardie Boys JJ
Bankruptcy and insolvency — Property of bankrupt — Alienation with intent to defraud creditors — Assignment of goods by a debtor company to an associated company — Whether the assignor intended to defraud his creditors — Whether the assignor received consideration for the assignment — Whether assignments absolute or by way of charge — Whether assignments voidable under s 60 of the Property Law Act 1952 - Property Law Act 1952, s 60.
Company law — Debentures — Floating charge — Assignment of goods by a company to an associated company — Whether the assignor disposed of the goods in the ordinary course of its business — Meaning of the expression "ordinary course of its business".
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