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    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
    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
    Liquidators' costs in a preference claim
    2013-05-13

    In The Joint and Several Liquidators of QQ Club Limited (in liquidation) v. Golden Year Limited (HCCW 245/2011, 9 April 2013) (QQ Club), the Court of First Instance held that a liquidator's costs in pursuing an avoidance claim are "fees and expenses properly incurred in preserving, realizing or getting in the assets", and are payable out of the company's assets in priority to all other payments prescribed in rule 179 of the Companies (Winding-up) Rules. In reaching this conclusion, the court distinguished the English Court of Appeal's decision in Lewis v.

    Filed under:
    Hong Kong, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Liquidator (law), Court of Appeal of England & Wales
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong, United Kingdom
    Firm:
    Mayer Brown
    Resolving the conflict: a pragmatic approach to the appointment of receivers as provisional liquidators
    2012-05-18

    Did you know... that the court may, in special circumstances, exercise its discretion to appoint pre-existing receivers as a company’s provisional liquidators.

    In the recent decision ofRe K Vision International Investment (Hong Kong) Limited, the Honourable Mr. Justice Barma confirmed that, where the circumstances require it, the court will exercise its discretion to appoint pre-existing receivers of a company’s assets as that company’s provisional liquidators provided that potential conflicts of interest are identified and appropriately addressed.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Conflict of interest, Liquidator (law)
    Authors:
    Richard M. Tollan , Justine T. K. Lau
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Interplay between insolvency and arbitration proceedings— a Hong Kong perspective
    2010-07-20

    The number of international arbitrations involving the Hong Kong International Arbitration Centre doubled between 2004 and 2008. The number of winding up petitions is also currently on the rise because of the poor global economic environment. This article discusses conflicts that may arise between the statutory insolvency regime and the contractual rights of parties to arbitrate their disputes in Hong Kong.

    Can Arbitration Be Used To Circumvent Statutory Insolvency Regimes?

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Arbitration clause, Debt, Liquidation, Good faith, Liquidator (law), Article 8 ECHR, UNCITRAL, Court of First Instance (Hong Kong)
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Recognition of Liquidator Not Appointed in Place of Incorporation
    2016-08-16

    A key factor contributing to the vitality and development of the common law is that judges can have the benefit of authorities from other jurisdictions with a comparable legal framework. This has proved and will be increasingly important in areas such as cross-border insolvency, where modified universalism has been thecatchword in recent years.

    Filed under:
    Hong Kong, Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Common law, Liquidator (law)
    Authors:
    John M. Marsden , Richard M. Tollan , Thomas A. Pugh , Edmund M. S. Ma
    Location:
    Hong Kong, Singapore
    Firm:
    Mayer Brown JSM
    Liquidators, do not brush aside personal liability for costs at super speed
    2016-01-21

    Did you know that when a liquidator makes a court application, it is important to identify the appropriate applicant, not only as a procedural matter, but also from a costs perspective?

    All good where the liquidator succeeds in the court application

    Filed under:
    Hong Kong, Insolvency & Restructuring, Insurance, Litigation, Mayer Brown, Liquidator (law)
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM

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