Springfield Acres Ltd (In Liquidation) v Abacus (Hong Kong) Ltd - [1994] 3 NZLR 502

Practice and procedure — Overseas defendants — Protest to jurisdiction — Test of good arguable case — Application to set aside appearance under protest — High Court Rules, R 131.

Company law — Liquidation — Alienation with intent to defraud creditors — Setting aside dispositions to overseas companies — Debtor disposing of assets to overseas companies while creditor's claim pending — Whether dispositions could be set aside — Sufficiency of connection with New Zealand of the parties and the property — Property Law Act 1952, s 60.

Trusts and trustees — Constructive trust — Knowing receipt — Director disposing of company's assets to defeat creditor — Defendant receiving and transferring assets — Defendant acting as trustee of family trusts — Whether defendant acting merely as agent or as owner of assets — Circumstances indicating to honest and reasonable person that company being wrongfully deprived of assets — Whether defendant dealt with property in breach of trust.

Trusts and trustees — Constructive trust — Knowing assistance — Defendant setting up family trusts and overseas company to facilitate disposition of assets to defeat creditor — Defendant Director of company to which assets transferred — Whether defendant acted in personal capacity or as Director of company — Defendant partner of accounting firm — Whether firm liable for defendant's actions.