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    Milking a GSA for all its worth - Court of Appeal takes stock of the situation
    2017-09-26

    In McCollum v Thompson, the Court of Appeal partly quashed the orders of the High Court (previously reported in our March 2016 insolvency update).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    Bridie McKinnon , Oliver Gascoigne , Matthew Triggs , Myles O'Brien , Susan Rowe , Peter Niven , David Perry , Scott Abel , Kelly Paterson , Scott Barker , Willie Palmer , Jan Etwell , David Broadmore
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Is disclaimer effective to rid a company of its environmental obligations?
    2017-06-29

    This question arose in Queensland recently in Linc Energy Ltd (in liq): Longley & Ors v Chief Executive Dept of Environment & Heritage Protection.  The Supreme Court of Queensland found that the liquidators of Linc Energy were not justified in causing the company not to comply with an environmental protection order that required the company to maintain equipment that the liquidators had disclaimed.

    Filed under:
    New Zealand, Environment & Climate Change, Insolvency & Restructuring, Litigation, Buddle Findlay, Unsecured debt, Environmental protection, Liquidation, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Matthew Triggs , Peter Niven , David Perry , Willie Palmer , Scott Barker , Kelly Paterson , David Broadmore , Myles O'Brien , Bridie McKinnon , Jan Etwell , Scott Abel , Susan Rowe
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Convicted fraudster appointed liquidator of company suspected of operating Ponzi scheme
    2016-12-15

    Another company being investigated by the FMA and the SFO for allegedly operating a Ponzi scheme, Hansa Limited, was placed into liquidation by the High Court in late November 2016.  Those investors who lost money may be interested to learn that one of the liquidators appointed to Hansa, Mr Damien Grant, is a convicted fraudster, who had also given evidence to a High Court judge and jury that was subsequently 'discredited', that an accessory to the frauds was the originator and brains behind the frauds.  Proposed licensing of insolvency practitioners may well exclude those with di

    Filed under:
    New Zealand, Insolvency & Restructuring, White Collar Crime, Buddle Findlay, Liquidator (law)
    Authors:
    Scott Barker , Sherridan Cook , Susan Rowe , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Applications to remove liquidators - the rights of other creditors
    2016-12-13

    In Palmerston North City Council v Farm Holdings (4) Ltd (In Liquidation), liquidators were appointed to Farm Holdings by a creditor. Two District Councils applied to review the appointment of the liquidators. The appointing creditor sought to become a party to their application. The two District Councils opposed the appointing creditor becoming a party.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Authors:
    Bridie McKinnon , Susan Rowe , Peter Niven , David Perry , Kelly Paterson , Scott Abel , Scott Barker , Jan Etwell , Myles O'Brien , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Limitation period extended due to fraud
    2016-06-30

    James Developments Limited (JDL) went into liquidation on 6 July 2009.

    In November 2012, the liquidator issued proceedings against a trust for repayment of a loan, six years and one month after the loan was made.  The trustees argued the claim was time-barred.  The liquidator argued there had been a fraudulent cover-up of the loan and that the High Court should postpone the limitation period under section 28 of the Limitation Act 1950 (Act).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, White Collar Crime, Buddle Findlay, Fraud, Liquidator (law)
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Panic stations in UK: Clampdown on no-win no-fee agreements and a possible ban on minor personal injury claims wreak havoc
    2016-03-31

    The Jackson reforms to no-win no-fee agreements and the UK government's proposal to ban general damages for minor personal injuries have sent many UK firms into a tailspin.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell , Scott Abel
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Duties owed by receivers to bankrupt mortgagors
    2015-12-08

    In Purewal v Countrywide Residential Lettings Ltd [2015] EWCA Civ 1122, the receivers of a property did not make an insurance claim in relation to damage to the property.  The mortgagor of the property (a bankrupt) repaired the property himself.  He brought an action against the receivers for breach of duty by failing to make an insurance claim, claiming damages for the cost of the repairs.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Bankruptcy
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    High Court allows grace period for directors in breach of Companies Act duties
    2013-09-30

    Syntax Holdings (Auckland) Ltd (in liquidation) v Bishop involved a claim by the liquidators of Syntax Holdings (Auckland) Ltd that Mr and Mrs Bishop (as directors) had breached certain duties to the company (and its creditors) under the Companies Act 1993.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Double take – are expenses of liquidator reviewable by shareholders?
    2013-06-27

    In Bunting v Buchanan, the applicant shareholders sought discovery ahead of a hearing of their substantive application which involved the level of costs charged by two liquidators as a consequence of a drawn-out liquidation.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Discovery
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Australian court allows liquidators to recover remuneration and costs from general trust funds
    2013-04-03

    The recent New South Wales Supreme Court decision In re MF Global Australia Ltd (in liq) No 2 [2012] NSWSC 1426 confirmed that the remuneration, costs and expenses incurred by liquidators in preserving, recovering and realising trust assets should be paid out of the trust property generally, rather than being restricted to assets held on trust for the benefit of the company itself.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Buddle Findlay, Costs in English law
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia
    Firm:
    Buddle Findlay

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