The Court was also called upon to decide whether the transfer of an apartment was an insolvent transaction. In the circumstances, it decided it was not. Our comments While it remains to be seen whether the liquidators will appeal, this decision will come as a relief to many involved in the construction sector. Builders can take confidence that payments made under a direct agreement like the one in this case will not be clawed back from them by liquidators. References: [1] Sanson v Ebert Construction Limited [2015] NZHC 2402. [2] Ebert Construction Limited v Sanson & Anor [2017] NZCA 239.
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The authoR
James McMillan has 14 years’ experience in commercial litigation and during that time has advised clients such as insolvency practitioners, banks, developers and construction companies. He manages extremely complex cases through collaboration and attention to detail. In recent years he has been involved in some of the country’s most high profile insolvencies and restructurings.
He has appeared twice as lead counsel in the Court of Appeal and has appeared both as a lead counsel and as a junior at numerous defended High Court and District hearings.
James is ranked in Chambers Asia Pacific 2017 as having a growing reputation in commercial dispute resolution with a focus on insolvency and recovery work. He is highlighted by clients for his “technical capability and friendly approach.”
James joined Kensington Swan as a Partner in August 2016 to help lead the firm’s growing insolvency and restructuring offering.
To learn more about James, visit the firm's website.