Supreme Court of New Zealand Wellington
SC 72/2007; [2008] NZSC 87
10 April; 23 October 2008
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ
SC 72/2007; [2008] NZSC 87
10 April; 23 October 2008
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ
Bankruptcy and insolvency — Alienation with intent to defraud creditors — Definition of “intent to defraud” — Evidence of intent to defraud — Rule in Freeman v Pope.
Property law — Indefeasibility of title — Alienation with intent to defraud creditors — Whether power to avoid title conflicted with principle of indefeasibility — Whether in personam remedies available against transferee — Whether transferee had knowledge of intent to defeat creditors — Whether material that transferee volunteer — Property Law Act 1952, s 60.
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