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    Update on Insolvency Practitioners Bill
    2018-08-24

    The Insolvency Practitioners Bill, which was first introduced to Parliament in 2010 by then Commerce Minister Simon Power, has been picked up by the new Commerce and Consumer Affairs Minister Kris Faafoi.  The Minister has released a Supplementary Order Paper, containing amendments to the Bill.  Included in those amendments is a system of registration of insolvency practitioners with an accredited body under a new, stand-alone Act.  This replaces the previous negative licensing regime originally proposed in the Bill whereby the Registrar of Companies was to be given the power

    Filed under:
    New Zealand, Insolvency & Restructuring, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Peter Niven , Bridie McKinnon , Matthew Triggs , Myles O'Brien , Oliver Gascoigne
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Bankruptcy Court entitled to go behind judgment
    2017-12-12

    In Ramsay Health Care Australia Pty Ltd v Compton, the High Court of Australia considered the Bankruptcy Court's discretion, under s52 of the Bankruptcy Act 1966 (Cth), to go behind a judgment to satisfy itself that a debt is truly owing before making a sequestration order against a debtor.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, United States bankruptcy court
    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:
    Australia
    Firm:
    Buddle Findlay
    Unlawful liquidation terminated
    2017-09-26

    ELT Recycling (NZ) Ltd (ELT) is a company in the business of scrap tyre collection and recycling. The shareholders of ELT had ongoing financial disputes with one of ELT's shareholders, Mr Adams, who was responsible for development of the intellectual property. Adams issued an invoice to ELT as remuneration for his services and when the other shareholders (the Zhang interests) refused to pay, Adams took steps to pass a 'resolution' to liquidate ELT and appoint Mr Imran Kamal as liquidator.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    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
    Insolvent gifts to trustees
    2017-06-29

    In Official Assignee v Carrim the High Court considered the concept of a "gift" in the Insolvency Act 2006.

    The Official Assignee sought to cancel insolvent gifts made by the bankrupt to complete a property purchase by a family trust settled by the bankrupt and Ms Carrim, the bankrupt's partner (as trustees).  The High Court considered:

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Deed, Tax deduction, Discretionary trust, Trustee
    Authors:
    Bridie McKinnon , Matthew Triggs , Myles O'Brien , Kelly Paterson , Peter Niven , Scott Abel , Willie Palmer , David Broadmore , Susan Rowe , Scott Barker , David Perry , Jan Etwell
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Affixation not enough to constitute a fixture
    2017-03-20

    In Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) the New South Wales Court of Appeal recently considered the 'fixtures' exclusion in Australia's Personal Property Securities Act (PPSA).

    Power Rental agreed to lease turbines to Forge Group for two years.  Shortly after the lease began, Forge Group entered voluntary administration.

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Unsecured creditor
    Authors:
    Peter Niven , Matthew Triggs , Bridie McKinnon , David Perry , Myles O'Brien , Willie Palmer , Scott Abel , Scott Barker , Kelly Paterson , David Broadmore , Jan Etwell , Susan Rowe
    Location:
    Australia
    Firm:
    Buddle Findlay
    Complex logistics - the Court's power to amend a creditor's petition
    2016-12-13

    In Re Hin-Pro International Logistics Ltd the Hong Kong Court of Appeal had to consider whether it had jurisdiction to grant leave to amend a creditor's petition, and if so, whether it should do so.

    Filed under:
    Hong Kong, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Writ
    Authors:
    Bridie McKinnon , Peter Niven , Myles O'Brien , David Perry , Kelly Paterson , Scott Abel , Susan Rowe , Scott Barker , Jan Etwell , Willie Palmer
    Location:
    Hong Kong, New Zealand
    Firm:
    Buddle Findlay
    High Court sets aside creditors' compromise
    2016-09-29

    In Advicewise People Ltd v Trends Publishing International Ltd, four creditors of Trends Publishing International Ltd (Trends) successfully challenged a compromise approved under Part 14 of the Companies Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Creditor protected by relationship property agreement
    2016-06-30

    Mr and Ms Moncur were the sole directors and effective owners of Monocrane NZ (Monocrane). Following their separation, they entered into a relationship property agreement under which Mr Moncur assumed full ownership and control of Monocrane, including agreeing to assume sole responsibility for the overdrawn shareholders' current account. In return, Ms Moncur agreed to resign her directorship, transfer her shares to Mr Moncur and pay various joint debts.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Legal personality, Fraud, Liquidation, Liquidator (law)
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    A recent New Zealand statement on the law of penalties: Torchlight Fund No. 1 LP (In rec) v Johnstone [2015] NZHC 25
    2015-12-14

    Torchlight was a private equity fund investing in distressed assets. One of its investments was the purchase of a debt from Bank of Scotland International totalling $185m, of which Torchlight had repaid all but $37m.  Being in a difficult liquidity position to pay off the debt, Torchlight sought bridging finance from a Mr Grill.  Torchlight and Mr Grill entered into a 60-day contract in which Mr Grill would provide $37m to discharge the debt.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    Sherridan Cook , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Australian court holds priority insurance payments obtained during liquidation subject to the liquidator's remuneration
    2013-12-13

    The Australian Corporations Act 2001 provides that a company in liquidation that holds insurance for the benefit of third parties must pay the proceeds of the insurance policy to those third parties in priority to other creditors.  Insurance proceeds payable to third parties under this provision are subject to deductions of "any expenses of or incidental to getting in" those proceeds.  The liquidator of Brighton Hall Securities Pty Ltd sought directions from the court regarding the liquidator's entitlement to deduct his fees and expenses from the insurance proceeds.

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Buddle Findlay, Liquidation, Tax deduction, Liquidator (law), Corporations Act 2001 (Australia)
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia
    Firm:
    Buddle Findlay

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