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I’m sick of everyone else getting paid ahead of us. How can we jump the queue?

Give your payment claims some careful thought

The Construction Contracts Act 2002 (the “CCA”) was introduced because the New Zealand construction industry was behaving badly at the turn of the century.

  • 15 March 2016
  • Author: Geoff Hardy
  • Number of views: 2991
  • 0 Comments
Give your payment claims some careful thought
Payments weren’t flowing down the chain to where they were badly needed, and disputes took far too much time and money to resolve. So the Government followed the lead already taken by a number of other western countries, and passed the CCA to address these issues. The main thrust of the CCA is to get payment to the contractors at the bottom of the pile promptly, and the two main ways it does that, are payment claims and adjudication.

If your customers go bust, can they claw back the money they paid you?

You may be aware that under that law, you can be made to hand back the money that your customer has paid you, any time in the last two years, if he goes bust

  • 3 March 2015
  • Author: Geoff Hardy
  • Number of views: 2520
  • 0 Comments
If your customers go bust, can they claw back the money they paid you?

You may have heard of the law called "voidable transactions". You may be aware that under that law, you can be made to hand back the money that your customer has paid you, any time in the last two years, if he goes bust. And you may be aware that our Supreme Court has recently issued a ruling that has radically changed the law. This newsletter tells you what it’s all about.

Why Insolvent Companies Don't Have to Honour Gift Tokens

It happened when Levenes and Palmers Garden Centres went into receivership several years ago.

  • 7 April 2011
  • Author: Geoff Hardy
  • Number of views: 2236
  • 0 Comments
And it happened again when Whitcoulls and Borders were recently put into administration. People holding unredeemed gift tokens or vouchers (including my 11 year old daughter) were told that they would not be redeemed for their face value. The best they could do was buy a product for at least twice the face value of the token, and get a discount equivalent to that face value, with the rest of the price payable in cash. How is it that retailers can get away with this? What is the relevant law?

Protecting Your Hard-Earned Debt Recoveries From The Liquidator

When you sell goods and services on credit, you run a risk, and that risk is that your customer won’t pay you.

  • 16 October 2010
  • Author: Geoff Hardy
  • Number of views: 2139
  • 0 Comments
Protecting Your Hard-Earned Debt Recoveries From The Liquidator

That could be because they don’t like the quality or standard of the goods or services you have supplied, or it could be because they are short of money. If they are short of money, chances are that there are a lot of other suppliers who haven’t been paid as well. In that case there is going to be a contest between you and the other creditors as to who gets paid first. And that will come down to who is the most resourceful when it comes to putting pressure on the debtor.

When A Company Goes Bust, Who Gets Paid Out First?

If a company doesn’t have enough money to pay its debts, and the problem isn’t just a short term cash flow crisis, sooner or later someone will do something about it.

  • 8 July 2010
  • Author: Geoff Hardy
  • Number of views: 3048
  • 0 Comments
When A Company Goes Bust, Who Gets Paid Out First?

It could be the company’s directors or shareholders, it could be one of the company’s creditors, or in extreme cases it could be the Government, acting to save hundreds of investors by putting a high profile company into statutory management.

A Beginner's Guide to the Personal Property Securities Act

It is now just over a year since the Personal Property Securities Act (“PPSA”) came into force.

  • 13 May 2003
  • Author: Geoff Hardy
  • Number of views: 2912
  • 0 Comments

It was a major reform for New Zealand because it cleaned up a lot of inconsistent and dated laws in the important field of creditor’s remedies, but there is no doubt that the PPSA is an extremely complex law in itself. Although most businesses are familiar with it, some have a far greater working knowledge of it than others.

A New Law That Will Affect Your Business

In the last newsletter I talked about how to improve your chances of getting paid when you are selling on credit to a customer who is financially shaky.

  • 5 May 2000
  • Author: Geoff Hardy
  • Number of views: 1851
  • 0 Comments
I discussed various forms of security from debentures through to Romalpa clauses. I mentioned that there is a new law called the Personal Property Securities Act (PPSA) that is about to change all the ground rules relating to securities. This is how it will affect you

How To Reduce Your Exposure When A Customer Goes Broke

In the last newsletter I discussed what might happen if one of your customers goes broke owing you money.

  • 19 April 2000
  • Author: Geoff Hardy
  • Number of views: 1624
  • 0 Comments
How To Reduce Your Exposure When A Customer Goes Broke

This month, here are some suggestions to increase your chances of getting paid or at least minimising your loss.

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