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    The Courts' limited jurisdiction to approve payment proposals
    2017-06-29

    The Commissioner of Inland Revenue (Commissioner) appealed a decision of Associate Judge Christiansen to approve a payment proposal by Mr Wilson to discharge a debt he owed the Commissioner and thereby avoid a declaration of bankruptcy. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Debtor, Debt
    Authors:
    David Perry , Kelly Paterson , Scott Abel , Bridie McKinnon , Peter Niven , David Broadmore , Scott Barker , Matthew Triggs , Jan Etwell , Myles O'Brien , Susan Rowe , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    No improper motive for administrators' appointment
    2017-03-20

    In this English case, a secured lender (Nationwide) appointed administrators to three companies. However, before appointing, Nationwide had:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder
    Authors:
    Matthew Triggs , Bridie McKinnon , Peter Niven , Myles O'Brien , Scott Abel , Susan Rowe , Willie Palmer , David Broadmore , Kelly Paterson , Scott Barker , Jan Etwell , David Perry
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Beware the costs of preparatory compliance with liquidators' disclosure orders
    2016-12-13

    The liquidators of two Cayman Island companies obtained orders under s 195(3) of the Bermudan Companies Act 1981 for PwC, as the companies' auditor, to provide information and documents to the liquidators. PwC decided to appeal but, in the meantime, did US$250,000 of preparatory work necessary to enable compliance, if required, with the orders.

    As a result of the appeal, both orders were set aside. In PricewaterhouseCoopers v SAAD Investments Co Ltd & Anor (Bermuda) PwC applied to recover from the liquidators the costs of preparing to comply with the orders.

    Filed under:
    Bermuda, Cayman Islands, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    Myles O'Brien , Susan Rowe , Bridie McKinnon , Scott Abel , Kelly Paterson , Willie Palmer , Scott Barker , David Perry , Peter Niven , Jan Etwell
    Location:
    Bermuda, Cayman Islands, New Zealand
    Firm:
    Buddle Findlay
    Former directors found to be in breach of their duties
    2016-09-29

    In CGES Limited (in liquidation and receivership) v Kelly [2016] NZHC 1465, the liquidator of CGES Limited brought claims against the former directors of the company for breaches of duties owed to the company.  The High Court held:

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    No leave to appeal on continuing business relationship
    2016-06-30

    The Supreme Court has recently denied leave to appeal a judgment concerning the application of the continuing business relationship to voidable transactions under section 292(4B) 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
    Late investors allowed to trace their funds
    2016-03-31

    The decision of Graham & Jackson v Arena Capital Limited (In Liquidation) concerned an application under the Companies Act 1993 by liquidators seeking direction on the application of liquidation funds.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell , Scott Abel
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Creditor's resolution to appoint alternative liquidator set aside for prejudice
    2013-12-13

    In our December 2012 insolvency update we reported on CP Asset Management Ltd v Grant, in which the High Court upheld a creditors' resolution to appoint new liquidators.  The High Court found that a resolution should only be set aside when it was found that the prejudice to creditors was unreasonable.  In the High Court, the minority of creditors who voted against the resolution were unable to e

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law), Prejudice
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Duty to achieve best price in asset sales does not apply to liquidator
    2013-09-30

    Wentworth Metals Group Pty Ltd (Wentworth) applied under the Corporations Act 2001 (Cth) (Act), for a review by the Federal Court of Australia of a decision by the liquidators of Bonython Metals Group Pty Ltd to sell Bonython's interest in a joint venture mining project to Pure Metals Pty Ltd. 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia
    Firm:
    Buddle Findlay
    Do you have the numbers? Court may examine the value of debts to determine whether a proposal has the requisite 75% support of creditors
    2013-06-27

    Re Tames involved an application for the Court to approve a debtor's proposal to creditors under section 333 of the Insolvency Act. The applicant was the provisional trustee for the proposal and sought the Court's approval of the proposal's terms. If the proposal was accepted, Ms Tames (the debtor) would only pay $0.05 on the dollar to her unsecured creditors. The application for approval was opposed by ASB, one of Ms Tames' unsecured creditors.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Debtor
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Creditor proposals to be derisory
    2012-12-20

    In the Court of Appeal decision of Herbert v New Zealand Guardian Trust Company Limited, the Court declined to grant Mrs Herbert's appeal in relation to the High Court's refusal to approve her creditor's proposal (see the summary in our October 2011 update).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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