Stotter v Equiticorp Australia Ltd (In Liquidation) - [2002] 2 NZLR 686

Bankruptcy and insolvency — Rights of creditors — “Whole of money” clauses — Debtors made pre-liquidations payments in reduction of debt — Whether creditors entitled to file proofs for gross amount of debt without reduction for part payment — General principles of creditor/debtor relationship — Status of payments by surety and relevance of rule against double proof — Whether insolvency altered general position — Whether creditor could secure right to prove for some greater than that which could be recovered by civil action prior to insolvency — Companies Act 1993, ss 284, 306 and 313(1).