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    Creditors are not required to accept proposals of "no practical advantage"
    2011-10-04

    In the High Court decision of Herbert v Allied Nationwide Finance Limited & Others, the Court declined to approve a creditor's proposal under the Insolvency Act 2006 on the grounds that the terms were not reasonable and not calculated to benefit the general body of creditors.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Debt, Mortgage loan
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Multiple event of default and a reasonable price obtained will absolve receivers and secured creditor of personal liability
    2011-04-04

    The case of Taylor and Ors v B concerned a company that imported and distributed hair care products, Cabellos Holdings Limited.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Default (finance), Secured creditor
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Personal liability of receivers
    2010-12-17

    In Stiassny v Commissioner of Inland Revenue the court considered whether the receivers of 2 companies trading together in partnership were personally liable for GST on the sale of partnership assets, and whether a claim could be made against the Commissioner of Inland Revenue for money had and received.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay, Goods and Services Tax (New Zealand)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Insolvency practitioner held to high standard of conduct by New Zealand Institute of Chartered Accountants
    2020-09-07

    Susheel Dutt has unsuccessfully appealed a decision of the Disciplinary Tribunal that he was guilty of unbecoming conduct, negligence or incompetence in a professional capacity and the suspension of his membership for a period of 18 months, highlighting the important role that insolvency practitioners play and the high standards expected of the profession.

    Filed under:
    New Zealand, 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
    Firm:
    Buddle Findlay
    English High Court declines to restrain liquidation proceedings based on anticipated COVID-19 emergency legislation
    2020-06-11

    The English High Court ruled that prospective emergency legislation to amend insolvency laws due to the COVID-19 pandemic could not prevent liquidation proceedings from being brought.  In Shorts Gardens LLP v London Borough of Camden Council [2020] EWHC 1001 (Ch) applications were made by two companies to restrain local councils from bringing liquidation proceedings in respect of unpaid rates and costs orders.

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    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
    Parent company controlled litigation and ordered to pay non-party costs
    2019-08-20

    Non-party costs are exceptional and are only awarded when it is just to do so and when 'something more' about the non-party's conduct warrants costs.  The involvement of a parent company in litigation and avoiding a realistic settlement is an example of the 'something more' requirement being met.  In Minister of Education v H Construction North Island Ltd (in req and liq) [2019] NZHC 1459, the High Court found that McConnell Ltd's (McConnell) actions in this litigation warranted awarding non-party costs and disbursements of over a million dollars.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    Scott Barker , Willie Palmer , Susan Rowe , David Broadmore , Kelly Paterson , Peter Niven , Bridie McKinnon , Oliver Gascoigne , Olly Peers
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Testing of judgment worthiness of former director not permitted
    2017-12-12

    The liquidators of Wenztro Co-operation Limited (Wenztro) appealed against the High Court's decision not to order Wenztro's former director, Mr Ellis, to produce and be examined on personal financial information including tax return and bank statements. The liquidators sought to assess Mr Ellis' judgment worthiness for the legal proceedings they had commenced against him for breaches of directors' duties.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Bridie McKinnon , Kelly Paterson , Matthew Triggs , Myles O'Brien , Oliver Gascoigne
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Third party discharge of debt held to be voidable
    2017-09-26

    The High Court recently granted an application under s 292 Companies Act 1993 to set aside substantial payments made on behalf of Northern Crest Investment Limited (in liquidation) (NCI) to satisfy a debt owed to Robt. Jones Holdings Limited (RJH).

    Filed under:
    New Zealand, 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
    Direct agreements can protect builders from insolvent developers
    2017-06-29

    Ebert Construction Limited v Sanson concerned the question of whether payments made by a third party under a 'direct agreement' to finance construction are payments made by the company in liquidation for the purposes of the insolvent transaction regime. Direct agreements are an agreement between the developer, builder and financier of a construction project. The agreement in this case obliged the financier to make progress payments directly to the builder throughout the duration of the project.

    Filed under:
    New Zealand, Construction, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker , Susan Rowe , Bridie McKinnon , Kelly Paterson , Matthew Triggs , Myles O'Brien , Peter Niven , David Broadmore , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Approval of creditors' proposal revoked
    2017-03-20

    In the UK case of CFL Finance Limited v Rubin and Ors, a creditor had sought to make an individual bankrupt. A creditors' meeting was held.  At the meeting, a proposal for an Individual Voluntary Arrangement was approved by the creditor that held the largest portion of debt (and therefore 90.43% of the vote).  The other two creditors voted against the proposal.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Debt
    Authors:
    Bridie McKinnon , Matthew Triggs , Myles O'Brien , David Perry , Susan Rowe , Peter Niven , Willie Palmer , Scott Abel , David Broadmore , Scott Barker , Jan Etwell , Kelly Paterson
    Location:
    United Kingdom
    Firm:
    Buddle Findlay

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