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    No legal aid for former director of Bridgecorp
    2011-07-01

    Mr Petricevic is the former director of Bridgecorp and currently faces criminal charges of fraud that carry with them the possibility of a maximum of 49 years in prison.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, White Collar Crime, Buddle Findlay, Fraud
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Discussion document for third party funding of the FMA, XRB, Companies Office and the Insolvency and Trustee Service
    2011-07-08

    The Ministry of Economic Development has released a discussion document (together with a Q & A) which considers a range of potential changes to the fees and levies that fund the institutions that regulate New Zealand's corporate environment and financial markets.

    Filed under:
    New Zealand, Capital Markets, Company & Commercial, Insolvency & Restructuring, Bell Gully, Security (finance), Surveillance, Option (finance), Limited partnership, Liquidation, Economic development, Preferred stock, Financial Markets Authority (New Zealand), Trustee
    Location:
    New Zealand
    Firm:
    Bell Gully
    Does the Nathans decision raise the bar for directors?
    2011-07-12

    Findings last week of criminal liability in the Nathans Finance case echo the Centro ruling from the Australian Federal Court last month and make it clear that directors must apply their own judgement in the exercise of their duties rather than simply relying on management and expert advice.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Chapman Tripp, Market capitalisation, Interest, Market liquidity, Debt, Legal burden of proof, Prospectus (finance), Securities Act 1933 (USA), Federal Court of Australia
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Receivers liable for GST on mortgagee sales
    2011-07-21

    The recent case of Simpson v Commission of Inland Revenue (HC, 17/5/2011; Dobson J, Wellington, CIV 2010-485-1860) concerned the issue of whether receivers are personally liable to account for goods and services tax (GST) on the sale of six properties effected by them.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Value added tax, Goods and Services Tax (New Zealand), European Commission
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Court creates tax risk for receivers, liquidators - and directors?
    2011-08-04

    A recent judgment in the Wellington High Court makes receivers, liquidators – and, potentially, the directors of companies in receivership and liquidation – personally liable for GST on the sale of mortgaged properties even where the mortgagee is not GST registered.1

    The decision is being appealed and may be overturned as – in our view – it rests upon an unusual interpretation of the law. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Chapman Tripp, Statutory interpretation, Tax credit, Tax avoidance, Accounting, Mortgage loan, Liquidation, Default (finance), Unsecured creditor
    Authors:
    Graeme Olding , Edward Scorgie , Jess Cameron
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    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
    Receivers liable for GST on mortgagee sales
    2011-07-01

    Simpson and Downes v CIR involved an application by receivers for directions under section 34 of the Receiverships Act 1993 in relation to whether the receivers of a mortgagee were personally liable to account for GST on the supply of six properties sold by the receivers at mortgagee sale.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    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
    Mandatory set-off in bankruptcy or liquidation
    2011-04-04

    Finnigan v He underlines the obligatory nature of bankruptcy set-off whereby once the statutory requirements that exist in section 310 of the Companies Act 1993 are met (and no exclusion applies), such a set-off is mandatory. It also discusses when a transaction occurs and the operation of the exclusion in section 310(2) that preludes bankruptcy set-off.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Multiple event of default and a reasonable price obtained will absolve receivers and secured creditor of personal liability
    2011-04-04

    The case of Taylor and Ors v B concerned a company that imported and distributed hair care products, Cabellos Holdings Limited.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Default (finance), Secured creditor
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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