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    No conflict of interest for special purpose liquidators despite involvement in contractual compliance audit
    2016-12-13

    In State of Victoria v Goulburn Administration Services (In Liquidation) & Ors [2016] VSC 654, the Victoria Supreme Court appointed two partners of Ernst & Young (EY) as special purpose liquidators (SPLs) of two companies, despite EY's involvement in carrying out contractual compliance audits before those companies went into liquidation.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Buddle Findlay, Conflict of interest, Audit, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Susan Rowe , Peter Niven , David Perry , Bridie McKinnon , Kelly Paterson , Jan Etwell , Scott Barker , Scott Abel , Willie Palmer , Myles O'Brien
    Location:
    Australia
    Firm:
    Buddle Findlay
    Liquidation of corporate trustee - access to trust assets
    2013-06-25

    The recent Australian Federal Court case of Neeat Holdings (in liq) [2013] FCA 61 considered the issue of whether the liquidator of a trustee company should be permitted to sell trust assets notwithstanding the appointment of a new trustee in substitution for the insolvent trustee company.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Liquidator (law), Federal Court of Australia, Trustee
    Location:
    Australia
    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
    Henderson's appeal against discharge conditions dismissed
    2017-09-26

    An appeal by Christchurch property developer, David Henderson, against the High Court decision imposing conditions on his discharge from bankruptcy has been dismissed.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Authors:
    David Perry , David Broadmore , Jan Etwell , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Bridie McKinnon , Kelly Paterson , Matthew Triggs , Myles O'Brien , Peter Niven , Oliver Gascoigne
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Director to pay compensation for 'head in the sand' approach
    2016-12-13

    In Kiwi Best Realty Ltd (In Liquidation) v Kashkari, the sole director of a failed real estate business was ordered to pay compensation for breaching his duties under ss 131, 135 and 136 of the Companies Act 1993.

    Kiwi Best Realty was liquidated in September 2014, with over $600,000 owing to the IRD. The High Court noted that the company had been balance-sheet insolvent from year end 2012.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Balance sheet
    Authors:
    Susan Rowe , Bridie McKinnon , Peter Niven , Scott Abel , Scott Barker , Kelly Paterson , David Perry , Jan Etwell
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Court of Appeal clarifies assignment versus novation
    2013-05-22

    The recent Court of Appeal case of Kakara Estate Ltd v Savvy Vineyards 3552 Ltd [2013] NZCA 101 provides a useful reminder that an assignment and a novation of an agreement are different. When an agreement is assigned, the assignor remains a party to the agreement. If the agreement is novated, a new agreement is created between the assignee and the continuing party, and the "assignor" is released.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    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
    Unlawful liquidation terminated
    2017-09-26

    ELT Recycling (NZ) Ltd (ELT) is a company in the business of scrap tyre collection and recycling. The shareholders of ELT had ongoing financial disputes with one of ELT's shareholders, Mr Adams, who was responsible for development of the intellectual property. Adams issued an invoice to ELT as remuneration for his services and when the other shareholders (the Zhang interests) refused to pay, Adams took steps to pass a 'resolution' to liquidate ELT and appoint Mr Imran Kamal as liquidator.

    Filed under:
    New Zealand, Company & Commercial, 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
    Second personal costs award against liquidator
    2016-12-13

    Liquidator Mark Norrie has been hit with a second order to pay costs this year in relation to liquidation proceedings. In Norrie v Time3 Global Ltd, the High Court addressed the issue of costs resulting from a quashed order to set aside a transaction made pursuant to s 295 of the Companies Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Liquidator (law)
    Authors:
    Susan Rowe , Bridie McKinnon , Peter Niven , Scott Abel , David Perry , Scott Barker , Kelly Paterson , Jan Etwell , Myles O'Brien , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Court will not easily side with debtors who are slow to defend bankruptcy proceedings
    2013-04-03

    In Hutchins v Edwards [2013] NZHC 336, the High Court declined an application for an adjournment by a debtor who sought further time to liquidate property in order to pay a judgment debt.

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

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