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    Receivers found personally liable (in part) for costs related to bringing application for orders
    2013-09-30

    In a recent costs decision, the English High Court partly disallowed an indemnity sought by receivers in respect of costs payable to certain third parties and the receivers' own costs and expenses for certain steps.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Costs in English law
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    UK court finds withdrawal of letters of support by parent company is not a voidable transaction
    2013-06-27

    In Carillion Construction Ltd v Hussain, the English High Court held that the withdrawal of letters of support given by a parent company to the directors of its subsidiary was not a transaction defrauding creditors under the Insolvency Act 1986 (UK).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Carillion
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Relief from forfeiture not limited to rights over real property
    2013-04-03

    In Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd [2013] UKPC 2, the Privy Council held that a borrower may claim relief from forfeiture notwithstanding that the forfeited security has been appropriated by the lender in satisfaction of a debt.

    Filed under:
    Turkey, United Kingdom, Insolvency & Restructuring, Litigation, Telecoms, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Turkey, United Kingdom
    Firm:
    Buddle Findlay
    Court of Appeal rejects High Court's categorisation of insolvent transactions
    2012-12-20

    In our March 2012 update we reported on a claim under section 294 of the Companies Act 1993 by the liquidators of Five Star Finance Limited (in liquidation) (FSF) against a trustee of a trading trust (Bowden No. 14 Trust (Trust)) to set aside payments amounting to $928,937.79.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    A bumper harvest - setting off post liquidation debts
    2012-06-29

    In Grapecorp Management Pty Ltd (in liq) v Grape Exchange Management Euston Pty Ltd [2012] VSC 112, Grape Exchange Management Euston Pty Ltd (Grape Exchange) managed a vineyard for Grapecorp Management Pty Ltd (Grapecorp). 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    Australia
    Firm:
    Buddle Findlay
    Company administration – a limitation on the casting vote
    2011-12-19

    In our October update, we reported on the Court of Appeal decision in Grant v Commissioner of Inland Revenue (see here).  The Supreme Court has now declined leave to appeal from that decision.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Removal of company administrators (UK)
    2011-10-04

    In Finnerty v Clark the appellants were the sole shareholders and substantial unsecured creditors of St George's Property Services (London) Ltd (St George).  The respondents were administrators of St George.  The High Court decision was reviewed in our December 2010 insolvency legal update.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Unsecured debt, Default (finance), Court of Appeal of Singapore
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Time no barrier to receiver's right to indemnity
    2011-07-01

    When action is taken against a receiver with a right to indemnity from the assets received, that receiver can indemnify himself, even if the action is brought after the receiver has been discharged.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Time (magazine)
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Balance sheet insolvency in the United Kingdom
    2010-12-17

    A recent UK High Court decision on the issue of balance sheet insolvency will be of interest in New Zealand, despite the fact that the respective statutory solvency tests differ.  

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Interest, Balance sheet, High Court of Justice
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    High Court confirms inherent jurisdiction to remove liquidators
    2020-09-07

    The High Court judgment in Commissioner of Inland Revenue v Livingspace Properties Ltd (in rec and in liq) [2020] NZHC 1434 is another chapter in the continuing, bitter saga between Robert Walker, the liquidator of Livingspace and David Henderson (through his wife as proxy).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Willie Palmer , Peter Niven , Bridie McKinnon , Myles O'Brien , Matthew Triggs , Oliver Gascoigne , Luke Sizer , Annie Cao
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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