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    The Bell saga ends with a warning to financiers and directors - tread carefully in dealings with near insolvent companies
    2012-09-28

    The Western Australian Court of Appeal has recently delivered its judgment on one of the country's longest running pieces of litigation: Westpac Banking Corporation v The Bell Group (in liq) [No 3] (the Bell Appeal).  The Bell Appeal decision runs at over 1,000 pages and discusses a range of issues relating to transactions conducted immediately prior to insolvency.  Of particular significance for directors and financiers are the discussions relating to director's duties, knowing receipt and knowing assistance.

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    Australia
    Firm:
    Buddle Findlay
    Can the official assignee pocket pensions?
    2012-06-29

    In Raithatha v Williamson [2012] EWHC 090 Ch, the English High Court was asked to decide whether a bankrupt’s entitlement to a pension, which he had not yet elected to receive, should be subject to an order for income payment.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Buddle Findlay, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Common sense – a key factor in contractual interpretation
    2011-12-19

    The UK Supreme Court has recently considered the role of commercial common sense in interpreting a contract.  Rainy Sky v Kookmin Bank concerned the interpretation of bonds issued by Kookmin Bank to guarantee the return of advance payments made by six purchasers under separate shipbuilding contracts. The shipbuilder had suffered an insolvency event and the purchasers were claiming refunds of the advance payments made to the shipbuilder under the bonds. The Bank contended that the bonds did not guarantee repayment of the advances on insolvency.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Shipping & Transport, Buddle Findlay, Bond (finance), UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Delay tactics unsuccessful in staving off liquidation
    2011-10-04

    InThe Commissioner of Inland Revenue v Blackmore Trust Ltd, Blackmore tried to stave off liquidation for the sum of $1.4 million owed to the IRD.  After six or seven adjournments, Blackmore finally put evidence before the Court (albeit through its lawyer, rather than by affidavit) claiming that its liabilities totalled $15.6 million, and its sole asset, the James Smith building in the Wellington CBD, was valued at $21.5 million as a going concern, or $11 million - $13 million in a "fire sale".

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay, Liability (financial accounting), Liquidation, Liquidator (law), Prejudice, Companies Act
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Late filing will preclude rights to set aside and to appeal
    2011-04-04

    Khan v Reid acts as a reminder to file applications and appeals promptly.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Insolvent corporate trustee's "empty shell" policy challenged
    2010-12-17

    ACC had contracted OPC to provide services. OPC's directors later established the OPC Trust, with OPC as the trustee, and 3 residuary trusts as beneficiaries.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Beneficiary, Trustee
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Joint Court hearing in Halifax liquidation a first for New Zealand
    2021-05-31

    The High Court has released its judgment in Re Halifax NZ Limited (In liq) [2021] NZHC 113, involving a unique contemporaneous sitting of the High Court of New Zealand and Federal Court of Australia.

    Filed under:
    Australia, New Zealand, Capital Markets, Insolvency & Restructuring, Litigation, Buddle Findlay, Corporations Act 2001 (Australia)
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Willie Palmer , Peter Niven , Myles O'Brien , Bridie McKinnon , Matthew Triggs , Oliver Gascoigne , Luke Sizer , Annie Cao
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay
    UK Supreme Court clarifies and reduces ambit of “reflective loss” principle in “one of the most important company and commercial law decisions of the last thirty years”
    2020-07-24

    The Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 has brought much needed clarity to the legal basis and scope of the so-called ‘reflective loss’ principle. The effect of the decision is a ‘bright line’ rule that bars claims by shareholders for loss in value of their shares arising as a consequence of the company having suffered loss, in respect of which the company has a cause of action against the same wrong-doer.

    Filed under:
    New Zealand, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Companies Act
    Authors:
    Peter Niven , Scott Barker , Willie Palmer , David Broadmore , Kelly Paterson , Bridie McKinnon , Oliver Gascoigne , Luke Sizer , Annie Cao
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Privilege survives dissolution of company
    2019-12-20

    The UK Court of Appeal has held that legal privilege outlasts the dissolution of a company in Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600.

    Legal advice privilege applies to communications between a client and its lawyers. The general rule is that those communications cannot be disclosed to third parties unless and until the client waives the privilege.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Buddle Findlay
    Authors:
    Scott Barker , Willie Palmer , Susan Rowe , Kelly Paterson , Peter Niven , Bridie McKinnon , David Broadmore , Oliver Gascoigne , Olly Peers , Luke Sizer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Legal update on Insolvency law - December 2018
    2018-12-13

    High Court orders the liquidation of CBL Insurance

    Filed under:
    Australia, Global, New Zealand, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Buddle Findlay, HM Revenue and Customs (UK), Serious Fraud Office (UK)
    Location:
    Australia, Global, New Zealand, United Kingdom
    Firm:
    Buddle Findlay

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