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    New employee priority amount in business failure
    2012-09-03

    From 28 September 2012 the maximum priority amount for employees in liquidations, receiverships and bankruptcies will increase from $18,700.00 to $20,340.00 per employee.

    Liquidators, receivers and the Official Assignee in a personal bankruptcy must pay certain amounts to employees, in priority to ordinary unsecured creditors. 

    These preferential employee entitlements include:

    Filed under:
    New Zealand, Employment & Labor, Insolvency & Restructuring, Chapman Tripp, Bankruptcy
    Authors:
    Marie Wisker , Geoff Carter , Pheroze Jagose
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    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
    Liquidators fail to cash in Bartercard credit
    2012-09-28

    In Aditude Advertising Limited (in liq.) v Techday Limited [2012] NZHC 1884, Aditude Advertising Limited (in liquidation) (Aditude) and Techday Limited (Techday), were members of the Bartercard system, a credit trading system.  Under this system members could exchange goods and services without exchanging cash or other legal tender.  Aditude went into liquidation with a significant credit in its Bartercard account for services rendered to Techday.  The liquidators issued a statutory demand against Techday seeking to recover the actual cash value of the invoices issue

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    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
    Liquidation of insolvent trustee companies
    2012-09-28

    Under section 241(4) of the Companies Act 1993 the High Court "may" order that a company which is unable to pay its debts be put into liquidation.  While the Court retains a discretion not to order the liquidation of an insolvent company, it will not usually exercise that discretion in the absence of good reasons for doing so.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Court permits the appointment of liquidators who would otherwise be disqualified
    2012-06-29

    In the case of Southbury Insurance Ltd v Black, Messrs Downey and Black, the receivers of South Canterbury Finance (SCF) successfully sought permission from the Court to be appointed liquidators of Southbury Insurance Limited (Southbury) despite being disqualified under section 280(1) of the Companies Act 1993 (the Act).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Subordinated securities: who rules the roost – the deal or the PPSR?
    2012-06-29
    Secured Party A conceded priority of its first ranking security interest to Secured Party B.
    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Telecom's XT network and Aldous - the crucial importance of software escrow
    2012-07-09

    According to media reports, the failure of a small IT company may jeopardise Telecom's XT network. 

    Filed under:
    New Zealand, Copyrights, Insolvency & Restructuring, IT & Data Protection, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Court approves scheme of arrangement for insurance run-off
    2012-07-13

    Justice Venning approved a scheme of arrangement under Part 15 of the Companies Act 1993 effecting the managed withdrawal by ACS (NZ) Limited from its insurance business in New Zealand.  The Court noted that the Scheme provided the best opportunity for an ordered and efficient run-off and management of claims with minimal disruption in relation to the company's processes.  In liquidation, the liquidators would need time to familiarise themselves with the operation of the company and would proceed on a cautious basis, which would likely result in a material delay in meeting claims.

    Filed under:
    New Zealand, Insolvency & Restructuring, Insurance, Litigation, Russell McVeagh, Shareholder
    Location:
    New Zealand
    Firm:
    Russell McVeagh
    Liens can be extinguished by giving up possession
    2012-07-13

    The recent case ofBay Flight 2012 Limited v Flight Care Limited is a reminder that holders of common law liens must take care to ensure that their lien is not extinguished by giving up possession.

    Filed under:
    New Zealand, Aviation, Insolvency & Restructuring, Litigation, Russell McVeagh
    Location:
    New Zealand
    Firm:
    Russell McVeagh

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