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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
    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
    The receivers who never received: service by email and the Electronic Transactions Act 2002
    2012-06-29

    In Re Hurlstone Earthmoving Limited (in receivership and liquidation): Petterson v Gothard (No 3) [2012] NZHC 666, the liquidator of Hurlstone Earthmoving Limited sought orders under section 37 of the Receiverships Act 1993 compelling the receivers to provide company documents and information about the company's affairs after they had failed to comply with a notice under section 261 of the Companies Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Internet & Social Media, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Claim rejected by liquidators, but a creditor nonetheless
    2012-06-29

    In the case of In Re Silverdale Developments (2007) Ltd (In Liq): Bunting v Buchanan [2012] NZHC 766, the shareholders of Silver Developments (2007) Limited (in liquidation) unsuccessfully applied to the Court to terminate the liquidation under section 250 of the Companies Act 1993.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Tracing assets hidden in a new company
    2012-06-29

    Albacore Fisheries Ltd (Albacore), a former creditor of Sunsai Ltd (Sunsai), applied to have Sunsai restored to the register of companies so that it could put Sunsai into liquidation and trace Sunsai's pre removal assets.

    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

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