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Robt Jones Holdings Limited v Anthony John McCullagh and Stephen Mark Lawrence liquidators of Northern Crest Investments Limited - SC 87/2018

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Summary

Civil Appeal – Companies Act 1993, s 292 – Whether the Court of Appeal erred in finding that there is no requirement in s 292 that a voidable transaction diminish the pool of assets available to creditors.

Result

A Leave to appeal is granted (Robt Jones Holdings Ltd v McCullagh [2018] NZCA 358).
B The approved question is whether the payments totalling $262,758.05 made to the applicant by MSH No 2 Pty Ltd on behalf of Northern Crest Investments Ltd were insolvent transactions as defined in s 292 of the Companies Act 1993.
6 December 2018
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A The appeal is dismissed.
B The appellant must pay the respondents costs of $25,000 plus usual disbursements.
9 August 2019

Hearing Transcripts

Related Documents

High Court decision — MCCULLAGH v ROBT JONES HOLDINGS LIMITED [2017] NZHC 2182 [8 September 2017]

Court of Appeal decision — ROBT. JONES HOLDINGS LIMITED v MCCULLAGH [2018] NZCA 358 [10 September 2018]

Leave judgment - leave granted — ROBT JONES HOLDINGS LIMITED v McCULLAGH [2018] NZSC 120 [6 December 2018] (PDF 240 KB)

Substantive judgment — ROBT. JONES HOLDINGS LIMITED v ANTHONY JOHN MCCULLAGH AND STEPHEN MARK LAWRENCE [2019] NZSC 86 [9 August 2019] (PDF 223 KB)