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    No legal aid for former director of Bridgecorp
    2011-07-01

    Mr Petricevic is the former director of Bridgecorp and currently faces criminal charges of fraud that carry with them the possibility of a maximum of 49 years in prison.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, White Collar Crime, Buddle Findlay, Fraud
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Receivers liable for GST on mortgagee sales
    2011-07-21

    The recent case of Simpson v Commission of Inland Revenue (HC, 17/5/2011; Dobson J, Wellington, CIV 2010-485-1860) concerned the issue of whether receivers are personally liable to account for goods and services tax (GST) on the sale of six properties effected by them.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Value added tax, Goods and Services Tax (New Zealand), European Commission
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Major changes to restructuring and redeployment processes
    2011-05-09

    'Restructuring by numbers' has never been good enough. That is more true now than ever.

    Filed under:
    New Zealand, Employment & Labor, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Mandatory set-off in bankruptcy or liquidation
    2011-04-04

    Finnigan v He underlines the obligatory nature of bankruptcy set-off whereby once the statutory requirements that exist in section 310 of the Companies Act 1993 are met (and no exclusion applies), such a set-off is mandatory. It also discusses when a transaction occurs and the operation of the exclusion in section 310(2) that preludes bankruptcy set-off.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Multiple event of default and a reasonable price obtained will absolve receivers and secured creditor of personal liability
    2011-04-04

    The case of Taylor and Ors v B concerned a company that imported and distributed hair care products, Cabellos Holdings Limited.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Default (finance), Secured creditor
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Late filing will preclude rights to set aside and to appeal
    2011-04-04

    Khan v Reid acts as a reminder to file applications and appeals promptly.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Power to appoint receiver - the terms of your contract are important
    2011-04-15

    In Taylor & Ors v Bank of New Zealand (HC, 14/12/2010, Panckhurst J, Christchurch, CIV 2008-409-964), the High Court held that a bank's appointment of a receiver without any prior written notice to the debtor was in accordance with the terms of the security agreement and was therefore valid.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Debtor
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Personal liability of receivers
    2010-12-17

    In Stiassny v Commissioner of Inland Revenue the court considered whether the receivers of 2 companies trading together in partnership were personally liable for GST on the sale of partnership assets, and whether a claim could be made against the Commissioner of Inland Revenue for money had and received.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay, Goods and Services Tax (New Zealand)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Insolvent corporate trustee's "empty shell" policy challenged
    2010-12-17

    ACC had contracted OPC to provide services. OPC's directors later established the OPC Trust, with OPC as the trustee, and 3 residuary trusts as beneficiaries.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Beneficiary, Trustee
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Guarantors not protected by alternative security
    2010-12-17

    The mere existence of a secured remedy against another party is not a substantial ground for refusing to allow a creditor to pursue a remedy against a guarantor.

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

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