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    Relief from forfeiture not limited to rights over real property
    2013-04-03

    In Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd [2013] UKPC 2, the Privy Council held that a borrower may claim relief from forfeiture notwithstanding that the forfeited security has been appropriated by the lender in satisfaction of a debt.

    Filed under:
    Turkey, United Kingdom, Insolvency & Restructuring, Litigation, Telecoms, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Turkey, United Kingdom
    Firm:
    Buddle Findlay
    Removal of insolvency officeholders: what is a good and sufficient cause?
    2010-12-17

    The administrators of St George’s Property Services (London) Ltd appealed from a decision granting the application of the 2 shareholders and directors of the company to remove the administrators and to appoint replacement insolvency practitioners who were willing to make an application under s 244 of the Insolvency Act 1986 (UK) in respect of an exorbitant credit transaction to which the company was a party.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Credit (finance), Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Insolvency & restructuring newsletter
    2021-11-11

    The New Zealand economy has weathered the COVID-19 pandemic better than many commentators predicted in April last year, in part due to the significant economic stimulus from the government, coupled with record high house prices and rock bottom interest rates. This is reflected in RITANZ's latest formal insolvency statistics, which show record low liquidation application numbers for September 2021 compared to the three previous years.

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Creditors' compromise Part 2: the view of the High Court of England and Wales
    2018-08-24

    The High Court in England was asked to consider sanctioning a scheme of arrangement between Lehman Brothers International (Europe) (in administration) (LBIE) and certain of its creditors pursuant to Part 26 Companies Act 2006 (the equivalent of Part 15 Companies Act 1993).  This case was one of a number of proceedings involving the Lehman Brothers administration, many of which cases have reached the Supreme Court (see our earlier reports on 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Buddle Findlay, Lehman Brothers, High Court of Justice
    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:
    United Kingdom
    Firm:
    Buddle Findlay
    Liquidator not personally liable for costs
    2017-03-20

    In Fielding v The Burnden Group Limited (BGL) the English High Court dismissed an application for the liquidator to be held personally liable for the costs of a successful appeal against the rejection of a proof of debt.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Default (finance), Liquidator (law), High Court of Justice
    Authors:
    Matthew Triggs , Peter Niven , Myles O'Brien , Bridie McKinnon , Kelly Paterson , Scott Abel , David Perry , Susan Rowe , David Broadmore , Scott Barker , Jan Etwell , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Conversion claim may be brought against administrators and liquidators
    2013-12-13

    A case recently heard in the UK suggests that, in certain circumstances, a claim for conversion of assets may be brought against administrators and liquidators of a company.  While the claim did not succeed on the facts inEuromex Ventures Ltd & Anor v BNP Paribas Real Estate Advisory & Ors [2013] EWHC 3007 (Ch), the case illustrates that claimants may bring a proceeding on the basis of alleged acts of conversion by a company's liquidators and administrators. 

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Guarantor not discharged from liability despite side-agreement
    2013-04-03

    Hackney Empire Ltd v Aviva Insurance Ltd [2012] EWCA Civ 1716 concerned the issue of whether a guarantor will still be liable when there are additions or alterations in respect of the original contract. Hackney Empire Limited (HEL) had entered into a contract with Sunley Turiff Construction Limited (STC), under which STC was to restore the Hackney Empire Theatre in London. STC's performance was guaranteed by Aviva Insurance Limited (Aviva) through a bond executed prior to the construction contract being signed.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Balance sheet insolvency in the United Kingdom
    2010-12-17

    A recent UK High Court decision on the issue of balance sheet insolvency will be of interest in New Zealand, despite the fact that the respective statutory solvency tests differ.  

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Interest, Balance sheet, High Court of Justice
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    English High Court confirms court can stay liquidation proceedings to allow arbitration to proceed
    2020-09-07

    The English High Court in Telnic Ltd v Knipp Medien Und Kommunikation GmbH [2020] EWHC 2075 (Ch) has confirmed that the court has discretion to restrain a winding-up petition against debtor's when the debt is governed by an arbitration agreement.

    Knipp Medien Und Kommunikation GmbH (Knipp) appealed against an order to stay its winding-up petition against Telnic Limited (Telnic). Telnic also brought a cross-appeal seeking orders that Knipp's petition be dismissed rather than stayed.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    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:
    United Kingdom
    Firm:
    Buddle Findlay
    Challenging an administrators' resolution to auction causes of action
    2018-08-24

    Meem SL Limited was an unsuccessful start-up company in the United Kingdom.  The board resolved to put the company into administration and sell the business to a company owned by the directors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Buddle Findlay, Start-up company, Insolvency Act 1986 (UK)
    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:
    United Kingdom
    Firm:
    Buddle Findlay

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