Regal Castings v Lightbody

[2007] NZSC 108

IN THE SUPREME COURT OF NEW ZEALAND

SC 72/2007
[2007] NZSC 108

BETWEENREGAL CASTINGS LIMITED

Appellant

ANDG M LIGHTBODY AND G N LIGHTBODY

First Respondents

ANDA C HORROCKS, G M LIGHTBODY AND G N LIGHTBODY

Second Respondents

Court:Elias CJ, McGrath and Anderson JJ

Counsel:J McCartney for Appellant

D K Wilson for Respondents

Judgment:13 December 2007 

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted.

BThe approved grounds of appeal are:

(i)     On what basis, if at all, does the rule laid down in Freeman v Pope apply in New Zealand where an insolvent debtor voluntarily disposes of an asset to a third party?

(ii)    Having regard to s 60 of the Property Law Act 1952, and the infeasibility provisions in the Land Transfer Act 1952, was the judgment of the Court of Appeal correct?

Solicitors:
Thomas and Co, Auckland for Appellant
McVeagh Fleming, Albany for Respondents