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Allied Concrete Ltd V Meltzer
''Allied Concrete Ltd v Meltzer'' was a landmark Supreme Court decision on the defence to a court order allowing a liquidator to claw back value from an insolvent transaction. The matter in contention concerned whether repaying an old debt satisfied the words "gave value" in section 296(3)(c) of the Companies Act 1993. The Supreme Court unanimously agreed that "gave value" includes value given when a debt was initially incurred by the now insolvent debtor company. Background Section 292(1) of the Companies Act 1993 says that an insolvent transaction entered into within two years of a company commencing liquidation can be voided by the liquidator. Section 292(2) of that Act defines an insolvent transaction as one that, (a) is entered into at a time when the company is unable to pay its due debts; and (b) enables another person to receive more towards satisfaction of a debt owed by the company than the person would receive, or would be likely to receive, in the company's liqu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New Zealand
The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016. It should not be confused with New Zealand's "old" Supreme Court, which was a superior court that was established in 1841 and renamed in 1980 as the High Court of New Zealand. The name was changed in anticipation of the eventual creation of a final court of appeal for New Zealand that would be called the "Supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New Zealand Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2015 In New Zealand Law
Fifteen or 15 may refer to: *15 (number), the natural number following 14 and preceding 16 *one of the years 15 BC, AD 15, 1915, 2015 Music *Fifteen (band), a punk rock band Albums * ''15'' (Buckcherry album), 2005 * ''15'' (Ani Lorak album), 2007 * ''15'' (Phatfish album), 2008 * ''15'' (mixtape), a 2018 mixtape by Bhad Bhabie * ''Fifteen'' (Green River Ordinance album), 2016 * ''Fifteen'' (The Wailin' Jennys album), 2017 * ''Fifteen'', a 2012 album by Colin James Songs * "Fifteen" (song), a 2008 song by Taylor Swift *"Fifteen", a song by Harry Belafonte from the album '' Love Is a Gentle Thing'' *"15", a song by Rilo Kiley from the album ''Under the Blacklight'' *"15", a song by Marilyn Manson from the album ''The High End of Low'' *"The 15th", a 1979 song by Wire Other uses *Fifteen, Ohio, a community in the United States * ''15'' (film), a 2003 Singaporean film * ''Fifteen'' (TV series), international release name of ''Hillside'', a Canadian-American teen drama *Fif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Russell McVeagh
Russell McVeagh is a New Zealand law firm with offices in Auckland and Wellington. It is one of New Zealand's largest law firms and is ranked highly by law firm ranking guides such as ''The Legal 500'' and ''Chambers and Partners''. History John Benjamin Russell (1834–1894) established a one-man practice in Auckland in 1863. Various partners joined him before he was succeeded at the firm by his son Edward Robert Nolan Russell (1869–1939) in 1893. In 1904 Robert McVeagh became a partner and remained involved in the firm until his death in 1944. In 1969 the firm merged with McKenzie & Bartleet to become Russell McVeagh McKenzie Bartleet & Co, the name it held until 2000, when it became known simply as "Russell McVeagh". In 1988 the firm established its Wellington office with four founding partners. It is on the panel of lawyers who are instructed by the New Zealand government to undertake legal work. Historically the firm was considered one of New Zealand's "Big Three" la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, and the term ''bankruptcy'' is therefore not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian ''banca rotta'', literally meaning "broken bank". The term is often described as having originated in renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment so that the public could see that the banker, the owner of the bench, was no longer in a condition to continue his business, although some dismiss this as a false etymology. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865. The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in electorates while the remainder of seats are assigned to list MPs based on each party's share of the total party vote. Māori were represented in Parliament from 1867, and in 1893 women gained the vote. Although elections can be called early, each three years Parliament is dissolved and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liquidation
Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry. Liquidation may either be compulsory (sometimes referred to as a ''creditors' liquidation'' or ''receivership'' following bankruptcy, which may result in the court creating a "liquidation trust") or voluntary (sometimes referred to as a ''shareholders' liquidation'', although some voluntary liquidations are controlled by the creditors). The ter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sian Elias
Dame Sian Seerpoohi Elias (born 13 March 1949) is a New Zealand former Government official, who served as the 12th Chief Justice of New Zealand, and was therefore the most senior member of the country's judiciary. She was the presiding judge of the Supreme Court of New Zealand and on several occasions acted as Administrator of the Government. Early life and family Born in London of an Armenian father and a Welsh mother (hence her Welsh forename and Armenian surname), Elias arrived in New Zealand in 1952, and later attended Diocesan School for Girls in Auckland. She completed a law degree from the University of Auckland in 1970, and then undertook further study at Stanford University. She took up employment with an Auckland law firm in 1972, beginning her career as a barrister three years later. She also served as a member of the Motor Spirits Licensing Appeal Authority and of the Working Party on the Environment. Elias is married to Hugh Fletcher, former CEO of Fletcher Cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies Act 1993
The Companies Act is an Act of Parliament passed in New Zealand in 1993. The Act regulates companies, and replaces the earlier Companies Act of 1955. See also * ''Mason v Lewis -'' Decision holding that the test for determining what reckless trading under section 135 of the Companies Act 1993 is an objective one. * ''Allied Concrete Ltd v Meltzer -'' Decision determining the meaning of "gave value" in section 296(3)(c) of the Companies Act. References {{Reflist External linksText of the Act Statutes of New Zealand Corporate law New Zealand business law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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