Construction’s Insolvency Predicament: Cooper, Mainzeal and Reckless Trading

Second Prize winner the Society of Construction Law New Zealand 2020 Essay Prize Winner

Examines the Mainzeal director liability case in the context of surrounding case law and provides an insight into potential grounds for a different outcome on appeal. Insolvency events have become common place in the construction industry in recent years. In particular, a focus has been investigating whether directors allowed their insolvent company to engage in reckless trading.  Sean’s paper considers the two approaches to interpreting reckless trading in the recent Cooper and Mainzeal decisions. 

Author
Sean Gamble
Publication year
2020