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    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
    Admissibility of transcripts of liquidator's examinations: Australia
    2010-12-17

    Fodare Pty Ltd v Shearn considered the admissibility of transcripts of public examinations made under Australia's Corporations Act 2001.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay, Admissible evidence, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Buddle Findlay
    Judge takes two years to issue judgment criticising liquidator for unnecessary delay - now liquidators appeal
    2020-09-07

    In the two judgments, Commissioner of Inland Revenue v Salus Safety Equipment Ltd (in liq) [2020] NZHC 1368 and Commissioner Inland Revenue v Green Securities Ltd (in liq) [2020] NZHC 1371, Associate Judge Bell significantly reduced the amount recoverable in each proceeding by liquidators. 

    Both cases considered applications from liquidators to seek approval of their remuneration.  In Salus the amount claimed was $91,600 and in Green Securities it was $159,044.

    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 , Jan Etwell , Willie Palmer , David Broadmore
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Potential liquidation no excuse for not paying overdue court costs
    2019-12-11

    The High Court in Cullen Group Limited v Commissioner of Inland Revenue [2019] NZHC 3110 has rejected Cullen Group's attempt to delay payment of half a million dollars in court costs to the Commissioner of Inland Revenue, with Palmer J dismissing the argument that Cullen Group would go into liquidation as a result.

    Eric Watson's private investment company, Cullen Group Limited, lost a case in front of Palmer J in March which held that Cullen Group avoided $51.5m of tax. Cullen Group owed Inland Revenue $505,399.55 in court costs.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Myles O'Brien , Bridie McKinnon , Matthew Triggs , Oliver Gascoigne
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Statutory demand set aside in Moffat Road Ltd v North Harbour Motors Ltd
    2018-08-24

    North Harbour Motors Limited (in liquidation) (North Harbour) issued a statutory demand against Moffat Road Limited (Moffat) in respect of two separate $30,000 deposits paid by North Harbour to Moffat on the purchase of two properties pursuant to agreements for sale and purchase dated 6 July 2015 (the Agreements).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Bridie McKinnon , Matthew Triggs , Myles O'Brien , Oliver Gascoigne
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Distributions to members allowed during Lehman Brothers administration
    2017-09-26

    In a second application heard on the same day, Hildyard J considered an application by the administrators of Lehman Brothers Europe Limited (LBEL) for directions that would enable a surplus to be distributed to the sole member of LBEL while LBEL remained in administration. The proposed scheme had material benefits for both shareholders and creditors. The administrators acknowledged that the orders sought were an indirect means of circumventing the Insolvency Act 1986 (UK), which does not expressly provide for directors to make distributions during an administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Companies Act 2006 (UK), Insolvency Act 1986 (UK), Lehman Brothers
    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:
    United Kingdom
    Firm:
    Buddle Findlay
    Stockbrokers stung by failing to look into fraudulent transactions
    2017-07-05

    The case of Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2017] EWHC 257 (Ch) concerned the liability of a stockbroking company for failing to investigate fraudulent transactions. 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, High Court of Justice
    Authors:
    Susan Rowe , Peter Niven , Scott Barker , Willie Palmer , David Broadmore , Sherridan Cook
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Prejudicial transactions, director's duties and surrender of security
    2017-03-20

    The liquidators of Marathon Imaging Limited (Marathon) brought a claim against the company's director, Mr Greenhill, for a prejudicial disposition of property under section 346 of the Property Law Act 2007 and a breach of director's duties under the Companies Act 1993.  Marathon had begun defaulting on its tax commitments from 2008 onwards and became insolvent shortly after.  The Greenhill Family Trust (Trust), a secured creditor of Marathon, appointed receivers and the Commissioner of Inland Revenue had Marathon placed into liquidation just three days later.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Unsecured debt, Liquidation, Secured creditor, Liquidator (law), Unsecured creditor
    Authors:
    Susan Rowe , Bridie McKinnon , Matthew Triggs , Myles O'Brien , Peter Niven , Kelly Paterson , Scott Abel , Jan Etwell , Scott Barker , David Broadmore , Willie Palmer , David Perry
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Nortel Developments
    2016-12-13

    The latest development in what has been a long-running (and expensive) cross-border insolvency proceeding involving Nortel (see our June 2015 and September 2015 legal updates for previous instalments) is a settlement between:

    Filed under:
    Global, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, High Court of Justice
    Authors:
    Bridie McKinnon , Susan Rowe , Myles O'Brien , Peter Niven , David Perry , Willie Palmer , Scott Abel , Kelly Paterson , Jan Etwell , Scott Barker
    Location:
    Global, United Kingdom
    Firm:
    Buddle Findlay
    Liquidity not co-extensive with solvency
    2016-09-29

    In Madsen-Ries & Anor v Donovan Drainage and Earthmoving Limited [2016] NZCA 301, the liquidators of a failed property development company, Te Pua, applied to set aside as insolvent transactions a number of payments which Te Pua made to a drainage contractor, Donovan. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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