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    Liquidators to face personal claims for interference with third party property
    2013-04-03

    Warren Metals v Grant [2013] NZHC 263 was a successful appeal against a District Court decision that struck out the appellant's cause of action on the basis that the District Court did not have jurisdiction to review the acts of liquidators.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    No priority given to solicitors' fees in opposing winding up petitions
    2012-12-20

    In the recent English decision of Neumans LLP v Andronikou & Others, a company had unsuccessfully opposed a winding up petition and the question for the Court was whether the solicitors' costs in doing so were an expense of the administration. In considering this issue, the Court noted that there would have to be "some special reason, connected with the administration" to make the administrators pay fees in full as an expense when statutory provisions did not allow for solicitors to have priority over other creditors and those entitled to claim expenses.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Buddle Findlay, Costs in English law, Solicitor, Liquidation
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Liquidators fail to cash in Bartercard credit
    2012-09-28

    In Aditude Advertising Limited (in liq.) v Techday Limited [2012] NZHC 1884, Aditude Advertising Limited (in liquidation) (Aditude) and Techday Limited (Techday), were members of the Bartercard system, a credit trading system.  Under this system members could exchange goods and services without exchanging cash or other legal tender.  Aditude went into liquidation with a significant credit in its Bartercard account for services rendered to Techday.  The liquidators issued a statutory demand against Techday seeking to recover the actual cash value of the invoices issue

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, 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
    Limitation of receivers' personal liability
    2011-12-19

    The Court of Appeal in Vance v Huhtamaki New Zealand Limited considered the ability of a receiver to limit his or her personal liability for post-receivership contracts under section 32 of the Receiverships Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    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
    Liquidators can require certain secured creditors to provide information
    2011-04-04

    A recent decision confirms that liquidators can require creditors and other persons with relevant knowledge about the affairs of the company in liquidation to provide information.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Insolvency practitioner held to high standard of conduct by New Zealand Institute of Chartered Accountants
    2020-09-07

    Susheel Dutt has unsuccessfully appealed a decision of the Disciplinary Tribunal that he was guilty of unbecoming conduct, negligence or incompetence in a professional capacity and the suspension of his membership for a period of 18 months, highlighting the important role that insolvency practitioners play and the high standards expected of the profession.

    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
    Administrators adopt employment contracts during COVID-19 outbreak
    2020-06-11

    The English Court of Appeal in Re Debenhams Retail Ltd [2020] EWCA Civ 600 recently considered the inter-relationship between the UK Government’s Coronavirus Job Retention Scheme and the ‘adoption’ of employment contacts by administrators under the Insolvency Act 1986.  The issue was whether by paying only the amounts which may be claimed under the Scheme to furloughed employees, the administrators have adopted the contracts.  Adoption means that the wages and other entitlements are payable as expenses of the administration ahead of other expenses.  

    Filed under:
    New Zealand, United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    Authors:
    David Perry , Peter Niven , Matthew Triggs , Oliver Gascoigne , David Broadmore , Jan Etwell , Willie Palmer , Scott Barker , Kelly Paterson , Scott Abel , Myles O'Brien , Luke Sizer , Annie Cao , Bridie McKinnon
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Landmark decision on treatment of private information by liquidators
    2019-12-11

    The High Court in Henderson v Walker [2019] NZHC 2184 found a liquidator, Mr Walker, liable for breach of confidence in relation to the distribution of part of Mr Henderson's private information, awarding $5,000 in damages. The liquidator was also found liable for invasion of privacy in relation to distributions made to the Official Assignee, although no separate damages were awarded.

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

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