Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    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
    Deadlock:reasonable alternatives to a liquidaton order
    2012-03-30

    In Sea Management Singapore Pte Ltd v Professional Service Brokers Ltd, SEA, a 50% shareholder in PSB, applied to put PSB into liquidation due to the irreconcilable deadlock SEA claimed existed at both board and shareholder levels over the direction of Conexa, a PSB subsidiary.  Associate Judge Bell dismissed the application, holding that it was not just and equitable to order liquidation when a reasonable option existed in the constitution, or under the shareholders' agreement.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Account receivable defined
    2011-10-04

    Burns & Agnew v Commissioner of the Inland Revenue and Strategic Finance Limited (in rec) concerned a dispute between a secured creditor and the IRD (as a preferential creditor) in respect of certain funds received by the liquidators of Takapuna Procurement Limited (TPL).  The liquidators applied to the High Court for directions as to the application of those funds and this required the Court to undertake an analysis of the concept of an "account receivable" for the purposes of determining whether such funds could be applied to satisfy preferential claims under the Seventh

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Credit (finance), Security (finance), Accounts receivable, Debt, Personal property, Liquidation, Unconscionability, Secured creditor, Liquidator (law), Securities Act 1933 (USA)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Active co-operation from United Kingdom courts in cross-border insolvency
    2011-10-04

    The recent English decision in the Australian liquidation, New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others (available here), has further opened up the possibility for New Zealand insolvency proceedings to be recognised and enforced in the United Kingdom. 

    Filed under:
    Australia, New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Reinsurance, Liquidation, Liquidator (law), Insolvency Act 1986 (UK), High Court of Justice
    Location:
    Australia, New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Voidable transactions – a broad interpretation
    2011-10-04

    Managh v Morrison and Ors involved an application by a liquidator to set aside a transaction pursuant to section 292 of the Companies Act 1993.  Approximately one year before liquidation the company assigned causes of action against a firm of solicitors and a real estate agent to a trust associated with the company's director.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Solicitor, Debt, Liquidation, Liquidator (law)
    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
    Liquidator's power to enter funding arrangements (Australia)
    2011-10-04

    Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2011] FACFC 89 concerned the powers of liquidators in Australia.  In 2009, joint liquidators were appointed to Octaviar Limited (Octaviar) and Octaviar Administration (Funder).  Fortress claimed to be a secured creditor of Octaviar under a charge, and was owed approximately $71 million.  The liquidators arranged for Octaviar and the Funder to enter into funding agreements that provided for the Funder to fund an investigation into the actions of Fortress and to commence litigation against Fortress.

    Filed under:
    Australia, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Credit (finance), Liquidation, Secured creditor, Liquidator (law), High Court of Justice
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay
    Delay tactics unsuccessful in staving off liquidation
    2011-10-04

    InThe Commissioner of Inland Revenue v Blackmore Trust Ltd, Blackmore tried to stave off liquidation for the sum of $1.4 million owed to the IRD.  After six or seven adjournments, Blackmore finally put evidence before the Court (albeit through its lawyer, rather than by affidavit) claiming that its liabilities totalled $15.6 million, and its sole asset, the James Smith building in the Wellington CBD, was valued at $21.5 million as a going concern, or $11 million - $13 million in a "fire sale".

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay, Liability (financial accounting), Liquidation, Liquidator (law), Prejudice, Companies Act
    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
    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

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 272
    • Page 273
    • Page 274
    • Page 275
    • Current page 276
    • Page 277
    • Page 278
    • Page 279
    • Page 280
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days