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    Liquidator's need for information superior to auditor's need for privacy
    2012-09-28

    The recent decision in The Official Assignee v Grant Thornton (2012) NZHC 2145 addressed the obligation on a company's auditor to produce all relevant documents and information upon request by a liquidator pursuant to section 261 of the Companies Act 1993.  Associate Judge Abbott held that the public interest in investigating the circumstances leading to a company's collapse trumped an auditor's claim to privacy and confidentiality. 

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Information privacy, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Liquidation of insolvent trustee companies
    2012-09-28

    Under section 241(4) of the Companies Act 1993 the High Court "may" order that a company which is unable to pay its debts be put into liquidation.  While the Court retains a discretion not to order the liquidation of an insolvent company, it will not usually exercise that discretion in the absence of good reasons for doing so.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Location:
    New Zealand
    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
    Tracing assets hidden in a new company
    2012-06-29

    Albacore Fisheries Ltd (Albacore), a former creditor of Sunsai Ltd (Sunsai), applied to have Sunsai restored to the register of companies so that it could put Sunsai into liquidation and trace Sunsai's pre removal assets.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Court permits the appointment of liquidators who would otherwise be disqualified
    2012-06-29

    In the case of Southbury Insurance Ltd v Black, Messrs Downey and Black, the receivers of South Canterbury Finance (SCF) successfully sought permission from the Court to be appointed liquidators of Southbury Insurance Limited (Southbury) despite being disqualified under section 280(1) of the Companies Act 1993 (the Act).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Subordinated securities: who rules the roost – the deal or the PPSR?
    2012-06-29
    Secured Party A conceded priority of its first ranking security interest to Secured Party B.
    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Telecom's XT network and Aldous - the crucial importance of software escrow
    2012-07-09

    According to media reports, the failure of a small IT company may jeopardise Telecom's XT network. 

    Filed under:
    New Zealand, Copyrights, Insolvency & Restructuring, IT & Data Protection, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Obligation of receivers of mortgagees to return GST on proceeds of mortgagee sale
    2012-06-06

    In Simpson v Commission of Inland Revenue (2012) 25 NZTC 20-119 (CA) the Court of Appeal held that receivers of a mortgagee which is not registered for GST must still account to Inland Revenue for GST on a mortgagee sale. This decision is controversial and pending possible resolution of the matter by an appeal to the Supreme Court, receivers of mortgagees that are not registered for GST should take legal advice as to how they should best proceed.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Failure to disclose trust affairs and company interests foils judgment debtors' attempt to avoid bankruptcy
    2012-06-29

    In this case Westpac sought to have joint debtors Thomas and Sheena Fuller adjudicated bankrupt. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    The receivers who never received: service by email and the Electronic Transactions Act 2002
    2012-06-29

    In Re Hurlstone Earthmoving Limited (in receivership and liquidation): Petterson v Gothard (No 3) [2012] NZHC 666, the liquidator of Hurlstone Earthmoving Limited sought orders under section 37 of the Receiverships Act 1993 compelling the receivers to provide company documents and information about the company's affairs after they had failed to comply with a notice under section 261 of the Companies Act 1993.

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

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