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    Nortel Developments
    2016-12-13

    The latest development in what has been a long-running (and expensive) cross-border insolvency proceeding involving Nortel (see our June 2015 and September 2015 legal updates for previous instalments) is a settlement between:

    Filed under:
    Global, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, High Court of Justice
    Authors:
    Bridie McKinnon , Susan Rowe , Myles O'Brien , Peter Niven , David Perry , Willie Palmer , Scott Abel , Kelly Paterson , Jan Etwell , Scott Barker
    Location:
    Global, United Kingdom
    Firm:
    Buddle Findlay
    Former directors found to be in breach of their duties
    2016-09-29

    In CGES Limited (in liquidation and receivership) v Kelly [2016] NZHC 1465, the liquidator of CGES Limited brought claims against the former directors of the company for breaches of duties owed to the company.  The High Court held:

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    No leave to appeal on continuing business relationship
    2016-06-30

    The Supreme Court has recently denied leave to appeal a judgment concerning the application of the continuing business relationship to voidable transactions under section 292(4B) of the Companies Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Late investors allowed to trace their funds
    2016-03-31

    The decision of Graham & Jackson v Arena Capital Limited (In Liquidation) concerned an application under the Companies Act 1993 by liquidators seeking direction on the application of liquidation funds.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell , Scott Abel
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Creditor's resolution to appoint alternative liquidator set aside for prejudice
    2013-12-13

    In our December 2012 insolvency update we reported on CP Asset Management Ltd v Grant, in which the High Court upheld a creditors' resolution to appoint new liquidators.  The High Court found that a resolution should only be set aside when it was found that the prejudice to creditors was unreasonable.  In the High Court, the minority of creditors who voted against the resolution were unable to e

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law), Prejudice
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Duty to achieve best price in asset sales does not apply to liquidator
    2013-09-30

    Wentworth Metals Group Pty Ltd (Wentworth) applied under the Corporations Act 2001 (Cth) (Act), for a review by the Federal Court of Australia of a decision by the liquidators of Bonython Metals Group Pty Ltd to sell Bonython's interest in a joint venture mining project to Pure Metals Pty Ltd. 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia
    Firm:
    Buddle Findlay
    Do you have the numbers? Court may examine the value of debts to determine whether a proposal has the requisite 75% support of creditors
    2013-06-27

    Re Tames involved an application for the Court to approve a debtor's proposal to creditors under section 333 of the Insolvency Act. The applicant was the provisional trustee for the proposal and sought the Court's approval of the proposal's terms. If the proposal was accepted, Ms Tames (the debtor) would only pay $0.05 on the dollar to her unsecured creditors. The application for approval was opposed by ASB, one of Ms Tames' unsecured creditors.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Debtor
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Creditor proposals to be derisory
    2012-12-20

    In the Court of Appeal decision of Herbert v New Zealand Guardian Trust Company Limited, the Court declined to grant Mrs Herbert's appeal in relation to the High Court's refusal to approve her creditor's proposal (see the summary in our October 2011 update).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    All the bells and whistles
    2012-11-07

    As noted in our recent insolvency law update, the Western Australian Court of Appeal has recently delivered its judgment (comprising over 1,000 pages) on one of Australia's longest running pieces of litigation: Westpac Banking Corporation v The Bell Group (in liq) [No 3].

    Filed under:
    Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Bond (finance), Fiduciary, Liquidation, Debenture
    Location:
    Australia
    Firm:
    Buddle Findlay
    Claim rejected by liquidators, but a creditor nonetheless
    2012-06-29

    In the case of In Re Silverdale Developments (2007) Ltd (In Liq): Bunting v Buchanan [2012] NZHC 766, the shareholders of Silver Developments (2007) Limited (in liquidation) unsuccessfully applied to the Court to terminate the liquidation under section 250 of the Companies Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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