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    Personal liability to liquidators for failure to account for GST refund after default on property purchase
    2013-12-13

    Rowmata Holdings Limited (in liquidation) (RHL) & Anor v Hildred & Ors [2013] NZHC 2435 involved a sale and purchase agreement whereby land was sold to two trusts, subject to finance. RHL (a company incorporated by the purchasing trusts) claimed and received a GST refund for the purchase. However, on settlement date, RHL defaulted on the purchase, went into liquidation, and the GST refund became repayable to the Inland Revenue Department (IRD).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Do you have the numbers? Court may examine the value of debts to determine whether a proposal has the requisite 75% support of creditors
    2013-06-27

    Re Tames involved an application for the Court to approve a debtor's proposal to creditors under section 333 of the Insolvency Act. The applicant was the provisional trustee for the proposal and sought the Court's approval of the proposal's terms. If the proposal was accepted, Ms Tames (the debtor) would only pay $0.05 on the dollar to her unsecured creditors. The application for approval was opposed by ASB, one of Ms Tames' unsecured creditors.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Debtor
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Setting aside creditors' resolutions
    2012-12-20

    The decision of Grant v CP Asset Management Ltd & Ors outlined the appropriate methodology to be used when examining whether a resolution passed at a creditors' meeting should be set aside as prejudicial to a creditor or class of creditors under section 245A of the Companies Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    High Court rejects voidable preference claim due to incorrect characterisation of payments
    2012-03-30

    This case involved a claim under section 294 of the Companies Act 1993 by the liquidators of Five Star Finance Limited (in liquidation) (FSF) against a trustee of a trading trust (Bowden No. 14 Trust (Trust)) to set aside payments amounting to $928,937.79.  These payments were part of a large number of payments, not just from FSF to the Trust, but also from the Trust to FSF.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Voidable transactions – a broad interpretation
    2011-10-04

    Managh v Morrison and Ors involved an application by a liquidator to set aside a transaction pursuant to section 292 of the Companies Act 1993.  Approximately one year before liquidation the company assigned causes of action against a firm of solicitors and a real estate agent to a trust associated with the company's director.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Solicitor, Debt, Liquidation, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    The payment of Allan Hubbard's legal fees
    2011-07-01

    The government placed the Hubbards, their companies (Aorangi Securities and Hubbard Management Funds), and seven charitable trusts in statutory management in June 2010. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, White Collar Crime, Buddle Findlay, Security (finance), Attorney's fee
    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
    High Court confirms inherent jurisdiction to remove liquidators
    2020-09-07

    The High Court judgment in Commissioner of Inland Revenue v Livingspace Properties Ltd (in rec and in liq) [2020] NZHC 1434 is another chapter in the continuing, bitter saga between Robert Walker, the liquidator of Livingspace and David Henderson (through his wife as proxy).

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Willie Palmer , Peter Niven , Bridie McKinnon , Myles O'Brien , Matthew Triggs , Oliver Gascoigne , Luke Sizer , Annie Cao
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    New Zealand High Court issues much awaited decision on novel cryptocurrency issues
    2020-04-08

    Christchurch based company Cryptopia Limited (in liquidation) (Cryptopia) operated a cryptocurrency exchange. Account holders were able to deposit cryptocurrencies into the exchange, and carry out trades with each other.

    In January 2019 the exchange was hacked and cryptocurrencies valued at approximately NZD30m were stolen. Cryptopia closed after the hack, re-opened for a short period, and was then placed into insolvent liquidation in May 2019. David Ruscoe and Russell Moore of Grant Thornton New Zealand were appointed liquidators.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Buddle Findlay, Cryptocurrency
    Authors:
    Peter Niven , David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Willie Palmer , Myles O'Brien , Bridie McKinnon , Matthew Triggs , Oliver Gascoigne , Luke Sizer , Annie Cao
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Conditions imposed on discharge of bankruptcy
    2018-08-24

    Mr Hampton was adjudicated bankrupt five years previously.  Following his public examination and the filing of the Official Assignee's report, the Official Assignee and Commissioner of Inland Revenue (a creditor) accepted Mr Hampton should be discharged, but sought the imposition of conditions. 

    Filed under:
    New Zealand, Insolvency & Restructuring, 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

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