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    Key aspects of shadow directors: Buzzle v Apple computer
    2011-07-01

    We reported on the first instance decision in this litigation last year (see here).  The New South Wales Court of Appeal recently delivered judgment on the liquidators' appeal.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Board of directors, Liquidator (law), Court of Appeal of England & Wales
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    When can a secured creditor appoint an administrator?
    2011-04-04

    The Supreme Court of Victoria has recently given some guidance on when a secured creditor who is entitled to enforce a charge over "the whole, or substantially the whole of the company's property" can validly appoint a company administrator.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Buddle Findlay, Secured creditor, Victoria Supreme Court
    Location:
    Australia
    Firm:
    Buddle Findlay
    English High Court confirms court can stay liquidation proceedings to allow arbitration to proceed
    2020-09-07

    The English High Court in Telnic Ltd v Knipp Medien Und Kommunikation GmbH [2020] EWHC 2075 (Ch) has confirmed that the court has discretion to restrain a winding-up petition against debtor's when the debt is governed by an arbitration agreement.

    Knipp Medien Und Kommunikation GmbH (Knipp) appealed against an order to stay its winding-up petition against Telnic Limited (Telnic). Telnic also brought a cross-appeal seeking orders that Knipp's petition be dismissed rather than stayed.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    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:
    United Kingdom
    Firm:
    Buddle Findlay
    Court takes into account policy objectives of Corporate Insolvency and Governance Bill in restraining liquidation proceedings
    2020-06-11

    In Re A Company (injunction to restrain presentation of petition) [2020] EWHC 1406 (Ch), the Court held that it is able to take into account the likelihood of a change in the relevant law in deciding whether to restrain a winding up application from being brought.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    Authors:
    Oliver Gascoigne , Matthew Triggs , Annie Cao , Myles O'Brien , Luke Sizer , David Perry , Scott Abel , Jan Etwell , Scott Barker , Peter Niven , David Broadmore , Kelly Paterson , Willie Palmer , Bridie McKinnon
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Media: One more big case to go for Madoff bankruptcy trustee and success story of Lehman Bros Europe administration
    2019-12-11

    Bloomberg reported last month that the Madoff bankruptcy has one more big case to go, chasing USD3.2b held by foreign banks (see our related story above). Mr Picard, the bankruptcy trustee, has reportedly recovered over USD14b of the USD17.5b in losses arising from Madoff's Ponzi scheme.

    Filed under:
    European Union, USA, Insolvency & Restructuring, Buddle Findlay
    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:
    European Union, USA
    Firm:
    Buddle Findlay
    "Pay now, argue later": Court of Appeal refuses to set aside statutory demand
    2018-08-24

    The Hobson Apartments suffer from water tightness issues.  Unusually for a unit development, the top floor apartment on level 12 owned by the appellant Manchester Securities, owned the exterior of its unit including the roof of the building rather than the Body Corporate.  Severe water damage was identified in October 2009.  Following a series of High Court decisions and one Court of Appeal decision, Manchester Securities was required to contribute certain amounts to the Body Corporate for repair costs.

    Filed under:
    New Zealand, Insolvency & Restructuring, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Bridie McKinnon , Matthew Triggs , Myles O'Brien , Oliver Gascoigne
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Testing of judgment worthiness of former director not permitted
    2017-12-12

    The liquidators of Wenztro Co-operation Limited (Wenztro) appealed against the High Court's decision not to order Wenztro's former director, Mr Ellis, to produce and be examined on personal financial information including tax return and bank statements. The liquidators sought to assess Mr Ellis' judgment worthiness for the legal proceedings they had commenced against him for breaches of directors' duties.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Bridie McKinnon , Kelly Paterson , Matthew Triggs , Myles O'Brien , Oliver Gascoigne
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Third party discharge of debt held to be voidable
    2017-09-26

    The High Court recently granted an application under s 292 Companies Act 1993 to set aside substantial payments made on behalf of Northern Crest Investment Limited (in liquidation) (NCI) to satisfy a debt owed to Robt. Jones Holdings Limited (RJH).

    Filed under:
    New Zealand, 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
    Direct agreements can protect builders from insolvent developers
    2017-06-29

    Ebert Construction Limited v Sanson concerned the question of whether payments made by a third party under a 'direct agreement' to finance construction are payments made by the company in liquidation for the purposes of the insolvent transaction regime. Direct agreements are an agreement between the developer, builder and financier of a construction project. The agreement in this case obliged the financier to make progress payments directly to the builder throughout the duration of the project.

    Filed under:
    New Zealand, Construction, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker , Susan Rowe , Bridie McKinnon , Kelly Paterson , Matthew Triggs , Myles O'Brien , Peter Niven , David Broadmore , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Liquidators entitled to a fair fee
    2017-03-20

    The New South Wales Court of Appeal recently handed down an important judgment on the remuneration of registered liquidators.

    Sakr concerned an appeal by Sanderson as liquidator of Sakr against an order determining his remuneration on anad valorem basis, without reference to his time attendances or hourly rate.  Due to the importance of the issues, the Australian Securities and Investments Commission (ASIC) and Australian Restructuring Insolvency and Turnaround Association (ARITA) appeared and made submissions on the issue.

    Filed under:
    Australia, New Zealand, New South Wales, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Liquidator (law)
    Authors:
    David Broadmore , David Perry , Jan Etwell , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Bridie McKinnon , Kelly Paterson , Matthew Triggs , Myles O'Brien , Peter Niven
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay

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