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Bell Group appeal: issues for directors and creditors
- Bell Gully
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- Australia, New Zealand
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- November 5 2012
In the latest episode in one of Australia's most complex and lengthy commercial disputes, the Western Australia Court of Appeal recently dismissed an appeal by a syndicate of banks (the Banks) from a decision in favour of the liquidators of the Bell Group (the Group
Bank owes no duty of care to creditor of customer
- Buddle Findlay
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- New Zealand
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- July 1 2011
In ASB Bank Limited v Hall, the High Court confirmed that a bank does not owe a duty of care to a creditor, director or shareholder of a customer of the bank
First ranking chargeholder retains its interest upon property vestment
- Buddle Findlay
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- New Zealand
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- December 19 2011
In Fenland District Council v Sheppard and others, FDC had spent £72,000 making a derelict property safe, which by the hearing date was worth less than half that amount
Consultation paper on insurance solvency standards
- Russell McVeagh
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- New Zealand
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- February 13 2013
The Reserve Bank has published a consultation paper on insurance solvency standards: the quality of capital and regulatory treatment of financial
Recent GST cases address commissioner's priority to GST in insolvency and criteria for deregistration
- Russell McVeagh
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- New Zealand
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- May 31 2012
Those statements from the Supreme Court and Court of Appeal should be refreshing reading for tax advisors
High Court clarifies PPSA priority race rules
- Chapman Tripp
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- New Zealand
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- June 11 2012
It’s now official
Bankruptcy: canvassing other creditors not disqualifying conduct
- Buddle Findlay
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- New Zealand
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- December 17 2010
Bank B sought adjudication in bankruptcy of F
Power to appoint receiver - the terms of your contract are important
- Buddle Findlay
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- New Zealand
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- April 15 2011
In Taylor & Ors v Bank of New Zealand (HC, 14122010, Panckhurst J, Christchurch, CIV 2008-409-964), the High Court held that a bank's appointment of a receiver without any prior written notice to the debtor was in accordance with the terms of the security agreement and was therefore valid
Receivers liable for GST on mortgagee sales
- Buddle Findlay
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- New Zealand
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- July 21 2011
The recent case of Simpson v Commission of Inland Revenue (HC, 1752011; 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
Calculating mortgagee's priority amounts under deed of priority
- Buddle Findlay
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- New Zealand
- -
- October 4 2011
In our October 2010 insolvency legal update, we reviewed the case of South Canterbury Finance Ltd v Nielsen, where the Court found in favour of second mortgagee, SCF, on the interpretation of a deed of priority
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