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    Bankrupt receives a three year extension to bankruptcy period
    2011-10-04

    In Official Assignee v Spencer, Mr Spencer's bankruptcy period was extended from three to six years due to his conduct and failure to comply with his obligations under the Insolvency Act 1967 (Act). 

    Mr Spencer was adjudicated bankrupt for the second time in August 2007 and was due to be discharged from bankruptcy in 2010.  However, the Official Assignee objected to Mr Spencer's discharge and asked the Court to exercise its discretion and decline to order the discharge.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Bankruptcy discharge
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Company administration – a limitation on the casting vote
    2011-10-04

    In Grant v Commissioner of Inland Revenue, the Court of Appeal took little time to uphold a High Court decision that a deed of company arrangement (DOCA) under Part 15A of the Companies Act 1993 was void.

    At the creditors meeting, the DOCA had been approved by the majority of creditors in number. Nevertheless, this did not constitute 75% of creditors in value. Mr Grant, as chair of a creditors' meeting, purported to exercise a casting vote in favour of the DOCA in order for it to be approved. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay, Statute of limitations, Deed, Voting, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    The payment of Allan Hubbard's legal fees
    2011-07-01

    The government placed the Hubbards, their companies (Aorangi Securities and Hubbard Management Funds), and seven charitable trusts in statutory management in June 2010. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, White Collar Crime, Buddle Findlay, Security (finance), Attorney's fee
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Receivers liable for GST on mortgagee sales
    2011-07-01

    Simpson and Downes v CIR involved an application by receivers for directions under section 34 of the Receiverships Act 1993 in relation to whether the receivers of a mortgagee were personally liable to account for GST on the supply of six properties sold by the receivers at mortgagee sale.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Companies not sufficiently related to allow for pooling order in liquidation
    2011-07-01

    In Jordan and Vance v First City (in liquidation ) & Gore Street (in liquidation), the liquidators of Gore Street applied for a pooling order that the liquidation of the two defendants, First City and Gore Street, proceed as if they were one company.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Bank owes no duty of care to creditor of customer
    2011-07-01

    (High Court Auckland, CIV 2010-404-6381, 8 April 2011, Associate Judge Matthews)

    In ASB Bank Limited v Hall, the High Court confirmed that a bank does not owe a duty of care to a creditor, director or shareholder of a customer of the bank. 

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Duty of care, High Court of Justice (England & Wales)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Protecting the community – extending period of bankruptcy
    2011-07-01

    The recent case of Re Armitage, ex parte Established Investments Limited (in liquidation) considered an objection by the Official Assignee to Mr Armitage's automatic discharge from bankruptcy. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Ex parte, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Liquidators' appeal on voidable transactions
    2011-07-01

    Levin v Rastkar involved an appeal against a High Court decision dismissing an application by the liquidators of Western Clothing Limited to set aside several transactions by Western alleged to be voidable under section 292 of the Companies Act 1993 (in its previous form).  

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    GSA defeats common law and contractual liens
    2011-07-01

    In our legal update on insolvency law issued in July 2010 we commented on the High Court decision of McKay v Toll Logistics (NZ) Limited. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Common law, General Services Administration, High Court of Justice (England & Wales)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    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), Apple Inc, Court of Appeal of England & Wales
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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