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    Former directors found to be in breach of their duties
    2016-09-29

    In CGES Limited (in liquidation and receivership) v Kelly [2016] NZHC 1465, the liquidator of CGES Limited brought claims against the former directors of the company for breaches of duties owed to the company.  The High Court held:

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Creditor protected by relationship property agreement
    2016-06-30

    Mr and Ms Moncur were the sole directors and effective owners of Monocrane NZ (Monocrane). Following their separation, they entered into a relationship property agreement under which Mr Moncur assumed full ownership and control of Monocrane, including agreeing to assume sole responsibility for the overdrawn shareholders' current account. In return, Ms Moncur agreed to resign her directorship, transfer her shares to Mr Moncur and pay various joint debts.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Legal personality, Fraud, Liquidation, Liquidator (law)
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    No evidence of agency relationship between administrator and secured party
    2015-12-08

    Mr Pala and Mr Luthera were directors of Shanton, a large retailer of women's clothing in New Zealand.  BTC Group Limited (BTC) was in the business of supplying clothing to Shanton in accordance with Shanton's stock orders.  BTC had obtained guarantees from Shanton's directors, pursuant to which each director guaranteed the obligations of Shanton to BTC.  Earlier this year, Shanton was unable to pay its debts as they fell due and was placed into voluntary administration owing creditors over $7m.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Double take – are expenses of liquidator reviewable by shareholders?
    2013-06-27

    In Bunting v Buchanan, the applicant shareholders sought discovery ahead of a hearing of their substantive application which involved the level of costs charged by two liquidators as a consequence of a drawn-out liquidation.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Discovery
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Voidable transactions - Creditors' good faith defence under section 296(3) of the Companies Act 1993 succeed
    2012-12-20

    The Wellington litigation team successfully defended a voidable transaction claim under section 296(3) of the Companies Act 1993 by the liquidators of Contract Engineering Limited in the High Court in Farrell v ACME Engineering Limited [2012] NZHC 2874.

    ACME Engineering manufactured and delivered a flash silencer to Contract Engineering in May 2010 and issued an invoice for it.  The invoice was paid late and pursuant to a payment plan.  Contract was placed into receivership in late 2010 and then into liquidation in July 2011. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Good faith, Corporations Act 2001 (Australia)
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Failure to disclose trust affairs and company interests foils judgment debtors' attempt to avoid bankruptcy
    2012-06-29

    In this case Westpac sought to have joint debtors Thomas and Sheena Fuller adjudicated bankrupt. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Account receivable defined
    2011-10-04

    Burns & Agnew v Commissioner of the Inland Revenue and Strategic Finance Limited (in rec) concerned a dispute between a secured creditor and the IRD (as a preferential creditor) in respect of certain funds received by the liquidators of Takapuna Procurement Limited (TPL).  The liquidators applied to the High Court for directions as to the application of those funds and this required the Court to undertake an analysis of the concept of an "account receivable" for the purposes of determining whether such funds could be applied to satisfy preferential claims under the Seventh

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Credit (finance), Security (finance), Accounts receivable, Debt, Personal property, Liquidation, Unconscionability, Secured creditor, Liquidator (law), Securities Act 1933 (USA)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Bank owes no duty of care to creditor of customer
    2011-07-01

    (High Court Auckland, CIV 2010-404-6381, 8 April 2011, Associate Judge Matthews)

    In ASB Bank Limited v Hall, the High Court confirmed that a bank does not owe a duty of care to a creditor, director or shareholder of a customer of the bank. 

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Duty of care, High Court of Justice
    Location:
    New Zealand
    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
    Court of Appeal declines to stay bankruptcy adjudication order
    2020-09-07

    In Hampton v Minter Ellison Rudd Watts [2020] NZCA 291 the Court of Appeal found that ordering a stay of enforcement of a bankruptcy order would undermine the insolvency law regime.

    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

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