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    The importance of registering your security interest, particularly in Australia
    2016-03-31

    In March 2013, four portable gas turbines worth about AU$50m had been leased to Forge Group Power Pty Ltd (Forge) by GE International Inc (GE) as lessor.  In February 2014 and March 2014 Forge was placed in administration and liquidation respectively.

    Filed under:
    Australia, New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, New South Wales Supreme Court
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell , Scott Abel
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay
    Indemnity for receiver's costs and the operation of penalty clauses
    2015-12-08

    Torchlight Fund No 1 (Torchlight) contracted with Wilaci Pty Ltd (Wilaci) for a $37m loan. The terms included the payment of a 'late fee' of $500,000 per week.  Following default, Torchlight applied for a declaration that the fee was a penalty, and therefore unenforceable.  Torchlight also applied for directions as to the payment of the costs of the receivers appointed by Wilaci, arguing that a clause indemnifying Wilaci in respect of a default did not apply to such costs.  

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Trans-Tasman Proceedings Act order excludes enforcement of certain Australian insolvency judgments in New Zealand
    2013-09-30

    On 11 October 2013, the Trans-Tasman Proceedings regime will come into effect. The Trans-Tasman Proceedings Act 2010 aims to streamline the process for resolving Trans-Tasman civil proceedings, with the intention of reducing costs and improving efficiency in enforcing Australian judgments in New Zealand.

    Filed under:
    Australia, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay
    Marshalling inappropriate when single creditor is knocking
    2013-06-27

    Tegel sought summary judgment against Mr and Mrs Arnensen as guarantors of the obligations of Coastal Cuisine NZ Limited (In Receivership). The Arnensen's argued (in reliance on the equitable doctrine of marshalling) that Tegel ought not to be allowed to pursue the guarantees until the receivership of Coastal Cuisine had run its course.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    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

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