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Court of Appeal clarifies assignment versus novation

Buddle Findlay
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New Zealand
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May 22 2013

The recent Court of Appeal case of Kakara Estate Ltd v Savvy Vineyards 3552 Ltd 2013 NZCA 101 provides a useful reminder that an assignment and a

Liquidator is not appropriate appointee to trust

Buddle Findlay
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New Zealand
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April 3 2013

Justice Dobson has recently reversed his interim ruling that section 17A Judicature Act 1908 gives the Court jurisdiction to appoint a liquidator to

Re-registration of a charge and reduction of a bankrupt's estate

Buddle Findlay
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United Kingdom
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April 3 2013

In the case of Garwood v Bank of Scotland PLC, the English High Court found that a charge that had been mistakenly released should be re-registered

Australian court allows liquidators to recover remuneration and costs from general trust funds

Buddle Findlay
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Australia
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April 3 2013

The recent New South Wales Supreme Court decision In re MF Global Australia Ltd (in liq) No 2 2012 NSWSC 1426 confirmed that the remuneration

Evidence by formal proof sufficient for "inquiry" into director's conduct

Buddle Findlay
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New Zealand
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April 3 2013

In Rabson v Croad 2013 NZSC 3, the Court of Appeal dismissed Mr Rabson's appeal of a High Court order pursuant to section 301 of the Companies Act

Liquidators to face personal claims for interference with third party property

Buddle Findlay
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New Zealand
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April 3 2013

Warren Metals v Grant 2013 NZHC 263 was a successful appeal against a District Court decision that struck out the appellant's cause of action on

Court will not easily side with debtors who are slow to defend bankruptcy proceedings

Buddle Findlay
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New Zealand
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April 3 2013

In Hutchins v Edwards 2013 NZHC 336, the High Court declined an application for an adjournment by a debtor who sought further time to liquidate

Liquidators fail in application for pooling of assets

Buddle Findlay
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New Zealand
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April 3 2013

In Grant v Independent Livestock 2010 Limited 2012 NZHC 3458, the liquidators of ILA sought to hold the sole director of ILA and IL2010 (a company

The true intention of the petitioning creditor in winding-up a company

Buddle Findlay
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United Kingdom
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April 3 2013

In Ebbvale Ltd v Andrew Lawrence Hosking (Trustee in Bankruptcy of Andreas Sofroniou Michaelides) 2013 UKPC 1, the Privy Council upheld a

Guarantor not discharged from liability despite side-agreement

Buddle Findlay
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United Kingdom
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April 3 2013

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

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Search results

Court of Appeal clarifies assignment versus novation

Liquidator is not appropriate appointee to trust

Re-registration of a charge and reduction of a bankrupt's estate

Australian court allows liquidators to recover remuneration and costs from general trust funds

Evidence by formal proof sufficient for "inquiry" into director's conduct

Liquidators to face personal claims for interference with third party property

Court will not easily side with debtors who are slow to defend bankruptcy proceedings

Liquidators fail in application for pooling of assets

The true intention of the petitioning creditor in winding-up a company

Guarantor not discharged from liability despite side-agreement

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