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    Dench v Gates [2013] NZHC 1133
    2013-06-27

    In Dench v Gates, the New Zealand High Court considered its inherent jurisdiction to set aside a bankruptcy notice to prevent an abuse of process. Mrs Gates, the judgment debtor, had applied to the High Court to set aside a bankruptcy notice. The bankruptcy notice was based on an award of costs against Mrs Gates in respect of earlier District Court litigation initiated by her against Mr Dench, a solicitor, on the basis that he had conducted himself dishonestly while representing his client in a separate matter, in which Mrs Gates was the plaintiff.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Abuse of process
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Administrators may be protected from liability in times of need
    2012-12-20

    The Federal Court of Australia in KASH Aboriginal Corporation ICN 108 (Administrators Appointed) No 2, held that, in certain circumstances, administrators may be granted protection from personal liability for debts incurred as part of the administration of a corporation.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia
    Firm:
    Buddle Findlay
    In other news...
    2012-12-11

    Further to our November update, the Securities Markets (Unsolicited Offers) Regulations 2012 have now come into force, on 1 December 2012. The Regulations set out specific rules applying to unsolicited offers (also known as "predatory" or "low-ball" offers) including new processes, detailed disclosure requirements, and the right to cancel acceptances of unsolicited offers.

    Filed under:
    New Zealand, Capital Markets, Employment & Labor, Insolvency & Restructuring, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Tracing assets hidden in a new company
    2012-06-29

    Albacore Fisheries Ltd (Albacore), a former creditor of Sunsai Ltd (Sunsai), applied to have Sunsai restored to the register of companies so that it could put Sunsai into liquidation and trace Sunsai's pre removal assets.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Dispositions to trust not set aside
    2011-12-19

    In the recent decision in Taylor v Official Assignee, the Court of Appeal overturned the High Court's dismissal of Mrs Taylor's appeal against the Official Assignee's decisions to set aside dispositions by Mrs Taylor to her family trust prior to her bankruptcy.

    Mr and Mrs Taylor settled the family trust in October 2000.  The dispositions in question occurred between December 2000 and January 2007.  Mrs Taylor was adjudicated bankrupt in November 2006.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Fraud
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Trustees' right to indemnification from trust property (Australia)
    2011-10-04

    In Saker, in the matter of Great Southern Managers Australia Ltd (Receivers and Managers Appointed) (in liquidation), the plaintiffs were the liquidators of Great Southern Managers of Australia Limited (GSMAL).

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Buddle Findlay, Liquidation, Investment funds, Liquidator (law), Federal Court of Australia, Trustee
    Location:
    Australia
    Firm:
    Buddle Findlay
    Power to appoint receiver - the terms of your contract are important
    2011-04-15

    In Taylor & Ors v Bank of New Zealand (HC, 14/12/2010, Panckhurst J, Christchurch, CIV 2008-409-964), the High Court held that a bank's appointment of a receiver without any prior written notice to the debtor was in accordance with the terms of the security agreement and was therefore valid.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Debtor
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Assignment by liquidators - when is consent necessary?
    2010-12-17

    A liquidator may assign to a third party funder, among other things:

    1. the rights that are conferred on the liquidator under statute to bring a claim on behalf of the company. For example, rights accruing to the liquidator under the voidable transaction provisions of the Companies Act 1993
    2. a company's rights that exist at the time of liquidation.
    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Consent, Liquidation, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Insolvency & restructuring newsletter
    2021-11-11

    The New Zealand economy has weathered the COVID-19 pandemic better than many commentators predicted in April last year, in part due to the significant economic stimulus from the government, coupled with record high house prices and rock bottom interest rates. This is reflected in RITANZ's latest formal insolvency statistics, which show record low liquidation application numbers for September 2021 compared to the three previous years.

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    A company in liquidation can refer a construction dispute to adjudication despite cross-claim
    2020-09-07

    The UK Supreme Court in Bresco Electrical Services Ltd (in liq) v Michael J Lonsdale (Electrical Ltd) [2020] UKSC 25 has decided that the adjudication regime for building disputes is not incompatible with the insolvency process.

    Filed under:
    New Zealand, United Kingdom, Construction, Insolvency & Restructuring, Litigation, Buddle Findlay
    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:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay

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