Regal Castings Limited v G M and G N Lightbody and others - SC 72/2007

Summary

Civil appeal – whether transfer of property from first respondents to second respondent trustees should have been set aside under section 60 Property Law Act 1952 – whether the transfer amounted to fraud - whether Freeman v Pope (1870) 5 LR Ch App 538 represents the correct law where an insolvent debtor transfers property – whether there is a conclusive presumption of fraud in such situations– whether the High Court should have inferred an intention to defraud even if Freeman v Pope does not represent the law – whether the Court of Appeal erred by requiring the appellant to show that prejudice to the creditor was the purpose of the transaction – whether the Court of Appeal erred in law by overlooking relevant objective factors – whether the Court of Appeal erred by putting weight on subjective factors.[2007] NZCA 396 CA 234/05 7 September 2007

Result

Application for leave to appeal granted.
13 December 2007
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Appeal allowed. Cost to the appellant.
23 October 2008

Related Documents

Additional Information

Regal Castings Ltd v Lightbody [2007] NZCA 396; [2008] 2 NZLR 153 (7 September 2007)