We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 20

Recent GST cases address commissioner's priority to GST in insolvency and criteria for deregistration

  • Russell McVeagh
  • -
  • New Zealand
  • -
  • May 31 2012

Those statements from the Supreme Court and Court of Appeal should be refreshing reading for tax advisors

Setting aside transactions: the good faith defence

  • Buddle Findlay
  • -
  • Australia, New Zealand, United Kingdom
  • -
  • December 13 2013

In Madsen-Ries v Rapid Construction Ltd 2013 NZCA 489, the Court of Appeal considered an appeal concerning a liquidator's attempt to have a

Court confirms subordination agreement trumps PPSR registration

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • August 7 2012

In Gibbston Downs Wines Limited and RFD Finance No 2 Limited v Perpetual Trust Limited HC Christchurch CIV-2010-409-00176 28 May 2012, the High Court considered the effect of registration of a subordination agreement on the respective priority of two perfected security interests registered on the Personal Properties Securities Register (PPSR

The bankrupt forgives, but will the official assignee forget?

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • March 30 2012

Official Assignee v Mayers and Ors concerns the common practice of forgiveness of debt owed by a family trust and the consequences of such a gifting programme in the event of the bankruptcy of the lender

Calculating mortgagee's priority amounts under deed of priority

  • Buddle Findlay
  • -
  • 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

Bank owes no duty of care to creditor of customer

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • 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

Bell Group appeal: issues for directors and creditors

  • Bell Gully
  • -
  • Australia, New Zealand
  • -
  • 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

Order in the land of indefeasible mortgages has been restored

  • Bell Gully
  • -
  • New Zealand
  • -
  • April 26 2012

In a decision released in September 2011, the High Court ruled that a mortgagee cannot exercise its power of sale under the mortgage if the Family Court has subsequently made an interim occupation order under the Property (Relationships) Act

High Court clarifies PPSA priority race rules

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • June 11 2012

It’s now official

Power to appoint receiver - the terms of your contract are important

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • 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