West City Construction Limited v Henry David Levin and David Stuart Vance as liquidators of St George Developments Limited (in Liquidation)

[2014] NZSC 106

IN THE SUPREME COURT OF NEW ZEALAND

SC 43/2014
[2014] NZSC 106

BETWEEN	WEST CITY CONSTRUCTION LIMITED Applicant
AND	HENRY DAVID LEVIN AND DAVID STUART VANCE AS LIQUIDATORS OF ST GEORGE DEVELOPMENTS LIMITED (IN LIQUIDATION) Respondents

Court:	McGrath, William Young and Arnold JJ
Counsel:	P Davey for Applicant N H Malarao and K C Francis for Respondents
Judgment:	7 August 2014

JUDGMENT OF THE COURT

ALeave to appeal is granted (Levin v West City Construction [2014] NZCA 98).

BThe approved grounds of appeal are:

(a)Whether the assignment of the development bond is a voidable transaction under s 292 of the Companies Act 1993; and

(b)Whether the Court of Appeal correctly exercised the discretion under s 295 of the Companies Act.

____________________________________________________________________

Solicitors:
Christopher Taylor Lawyers, Auckland for Applicant
Meredith Connell, Auckland for Respondents