Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Liquidator is not appropriate appointee to trust
    2013-04-03

    Justice Dobson has recently reversed his interim ruling that section 17A Judicature Act 1908 gives the Court jurisdiction to appoint a liquidator to a trust if satisfied there are reasons for doing so. He found that a trust is not an "association" to which section 17A applies, and instead appointed receivers with selected powers given to liquidators under the Companies Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Court of Appeal affirms the imposition of trading restrictions on a bankrupt
    2012-12-20

    Armitage v Established Investments Limited (in liq) involved an appeal by an undischarged bankrupt (A), against a High Court decision imposing conditions that A was not to engage in business for three years following discharge at the end of his bankruptcy. The High Court had also ordered that the period of bankruptcy was to be extended for three years beyond the statutory three year period, although A did not challenge this aspect of the High Court decision.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Football creditors rule upheld by English High Court
    2012-06-29

    In the English High Court case of Revenue and Customs Commissioners v Football League Ltd (Football Association Premier League Ltd intervening) [2012] EWHC 1372 (Ch);  [2012] WLR (D) 163, HM Revenue and Customs (HMRC) brought a general challenge to the "football creditors rule".

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Media & Entertainment, Tax, Buddle Findlay, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Ex-director's loss of standing and the absolute right to appeal
    2012-03-30

    In Aotearoa Kiwifruit Export Limited v ANZ National Bank Limited, the High Court was required to examine the difficulties that arise when a director of a company ordered into liquidation disputes that order.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Company administration – a limitation on the casting vote
    2011-10-04

    In Grant v Commissioner of Inland Revenue, the Court of Appeal took little time to uphold a High Court decision that a deed of company arrangement (DOCA) under Part 15A of the Companies Act 1993 was void.

    At the creditors meeting, the DOCA had been approved by the majority of creditors in number. Nevertheless, this did not constitute 75% of creditors in value. Mr Grant, as chair of a creditors' meeting, purported to exercise a casting vote in favour of the DOCA in order for it to be approved. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay, Statute of limitations, Deed, Voting, Court of Appeal of England & Wales, High Court of Justice
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Receivers liable for GST on mortgagee sales
    2011-07-01

    Simpson and Downes v CIR involved an application by receivers for directions under section 34 of the Receiverships Act 1993 in relation to whether the receivers of a mortgagee were personally liable to account for GST on the supply of six properties sold by the receivers at mortgagee sale.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Non-party costs against liquidators
    2010-12-17

    Mana bought proceedings against the liquidators of James for legal costs resulting from the liquidator's decision to continue an appeal against Mana, in respect of successful specific performance proceedings brought by Mana against James.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay, Costs in English law, Court costs, Liquidator (law)
    Location:
    Australia
    Firm:
    Buddle Findlay
    Controversial insolvency practitioner refused RITANZ membership seeks judicial review
    2020-09-07

    New Zealand's insolvency practitioner licensing regime came into force on 1 September 2020.  Ahead of that date, controversial insolvency practitioner, Damien Grant, applied to join RITANZ, which was a requirement for him to be licensed to continue as an insolvency practitioner, because he was not a chartered accountant.  RITANZ considered his application in June 2020 and refused it on good character grounds.  RITANZ's decision has not been publicly released, but is understood to be founded on Grant's historical dishonesty convictions. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    Bridie McKinnon , Oliver Gascoigne , Matthew Triggs , Myles O'Brien , Annie Cao , Luke Sizer , Peter Niven , David Perry , Scott Abel , Kelly Paterson , Scott Barker , Willie Palmer , Jan Etwell , David Broadmore
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Liquidators beware - excessive fees and conduct will be scrutinised by the Court
    2020-06-11

    The High Court, in Quinn v Toon [2020] NZHC 816, confirmed that only the reasonable costs of the liquidators will be recoverable.

    Ms Toon applied for orders under ss 276 and 278 of the Companies Act 1993 to approve her remuneration claiming $101,729 plus GST and expenses for her work as the liquidator of Investacorp Holdings Ltd.

    This was a solvent liquidation.  While there were no creditors, there were disputes between shareholders that Ms Toon spent a considerable amount of time investigating.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Companies Act
    Authors:
    Peter Niven , Myles O'Brien , Matthew Triggs , Luke Sizer , Scott Barker , Scott Abel , Oliver Gascoigne , David Broadmore , Jan Etwell , Willie Palmer , Annie Cao , Kelly Paterson , David Perry , Bridie McKinnon
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Business rates avoidance schemes: Dismissal of public-interest winding-up petitions
    2019-12-11

    In Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd [2019] EWHC 2890 the Secretary presented petitions under s 124A of the Insolvency Act 1986 to wind up two companies on public interest grounds. These companies were PAG Asset Preservation Limited and MB Vacant Property Solutions Limited (the Companies).

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Bridie McKinnon , Myles O'Brien , Matthew Triggs , Oliver Gascoigne
    Location:
    United Kingdom
    Firm:
    Buddle Findlay

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 89
    • Page 90
    • Page 91
    • Page 92
    • Current page 93
    • Page 94
    • Page 95
    • Page 96
    • Page 97
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days