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
    Time-zone liquidation issues - exchange rate and resolution date issues clarified
    2012-12-20

    The recent Singapore case of Re Lehman Brothers Finance Asia Pte Ltd (in creditors' voluntary liquidation) determined that the debts of a company in foreign currency, which had been admitted in proof by the liquidators, were to be converted at the exchange rate prevailing at the "resolution date". In this context, resolution date means the day the resolution was passed placing the company into liquidation.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Liquidator (law), Lehman Brothers
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Singapore
    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
    Liquidators not entitled to recover the costs of rectifying their own mistake
    2016-12-13

    Re Finnigan concerned the costs of a successful application to be appointed as liquidators after the liquidators had overlooked a disqualification.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Liquidator (law)
    Authors:
    Susan Rowe , David Perry , Jan Etwell , Scott Abel , Peter Niven , Scott Barker , Kelly Paterson , Bridie McKinnon , Willie Palmer , Myles O'Brien
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Administrator should not be regarded as analogous to liquidator
    2012-12-20

    Earlier last month, the UK High Court held that administrators appointed under the Investment Bank Special Administration Regulations 2011 (UK) are not officers analogous to liquidators.

    The ruling arose from an application for directions made by investment bank administrators (IBAs) on the issue of whether their appointment was analogous to the appointment of a liquidator. Had the Court held in the affirmative, their appointment would have constituted an event of default by the company in administration under the terms of a global master repurchase agreement.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Applications to remove liquidators - the rights of other creditors
    2016-12-13

    In Palmerston North City Council v Farm Holdings (4) Ltd (In Liquidation), liquidators were appointed to Farm Holdings by a creditor. Two District Councils applied to review the appointment of the liquidators. The appointing creditor sought to become a party to their application. The two District Councils opposed the appointing creditor becoming a party.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Authors:
    Bridie McKinnon , Susan Rowe , Peter Niven , David Perry , Kelly Paterson , Scott Abel , Scott Barker , Jan Etwell , Myles O'Brien , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Liquidator's need for information superior to auditor's need for privacy
    2012-09-28

    The recent decision in The Official Assignee v Grant Thornton (2012) NZHC 2145 addressed the obligation on a company's auditor to produce all relevant documents and information upon request by a liquidator pursuant to section 261 of the Companies Act 1993.  Associate Judge Abbott held that the public interest in investigating the circumstances leading to a company's collapse trumped an auditor's claim to privacy and confidentiality. 

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Information privacy, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Limitation period extended due to fraud
    2016-06-30

    James Developments Limited (JDL) went into liquidation on 6 July 2009.

    In November 2012, the liquidator issued proceedings against a trust for repayment of a loan, six years and one month after the loan was made.  The trustees argued the claim was time-barred.  The liquidator argued there had been a fraudulent cover-up of the loan and that the High Court should postpone the limitation period under section 28 of the Limitation Act 1950 (Act).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, White Collar Crime, Buddle Findlay, Fraud, Liquidator (law)
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Disclaiming landlord's interest in a lease - an Australian perspective
    2012-09-28

    A liquidator of a landlord company who disclaims a lease under section 568(1) of the Corporations Act 2001 (Cth), a section largely similar to section 269 of the Companies Act 1993 (NZ), does so with full effect, leaving the land unencumbered by the interests of tenants.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Landlord, Leasehold estate, Liquidator (law), Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Buddle Findlay
    Costs and proper use of the statutory demand procedure
    2016-06-30

    In Ebert Construction Ltd v Sanson [2016] NZHC 472, the High Court awarded costs to liquidators after a statutory demand issued by the liquidators had been set aside by consent.  The reasons were as follows:

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Regulation of liquidators - the extent of the Official Assignee's powers
    2012-09-28

    The High Court decision of Official Assignee v Norris [2012] NZHC 961 examined whether the Official Assignee could apply for orders relating to Mr Norris' actions as liquidator of multiple companies, and whether adequate notice of his alleged failure to comply with his duties as a liquidator had been given. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 70
    • Page 71
    • Page 72
    • Page 73
    • Current page 74
    • Page 75
    • Page 76
    • Page 77
    • Page 78
    • …
    • 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