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Results: 1-10 of 134

Key aspects of shadow directors: Buzzle v Apple computer

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • July 1 2011

We reported on the first instance decision in this litigation last year (see here

All insolvency practitioners to be registered

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • May 11 2011

Registration will be mandatory under the Insolvency Practitioners Bill as reported back to the House by the Commerce Committee

Partnership dissolution: when do partners' obligations end?

  • Bell Gully
  • -
  • New Zealand
  • -
  • November 30 2011

A recent Court of Appeal decision (Clark v Libra Developments Ltd 2011 NZCA 493), provides a useful guide to the general principles which apply to partners who do not have a formal agreement in place governing the dissolution of their partnership

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

Liquidator's application of the running account test to voidable transactions

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • April 3 2013

Shephard v Steel Building Products (Central) Limited 2013 NZHC 189 is a recent decision of Associate Judge Abbott which applied the "running

High Court rejects voidable preference claim due to incorrect characterisation of payments

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

This case involved a claim under section 294 of the Companies Act 1993 by the liquidators of Five Star Finance Limited (in liquidation) (FSF) against a trustee of a trading trust (Bowden No. 14 Trust (Trust)) to set aside payments amounting to $928,937.79

Residual powers of directors of a company in receivership

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • December 17 2010

The residual powers that directors of a company in receivership have to commence a claim by that company without the receivers' consent were recently considered by the High Court

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

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • 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

Court approves scheme of arrangement for insurance run-off

  • Russell McVeagh
  • -
  • New Zealand
  • -
  • July 13 2012

Justice Venning approved a scheme of arrangement under Part 15 of the Companies Act 1993 effecting the managed withdrawal by ACS (NZ) Limited from its insurance business in New Zealand

Assignment by liquidators - when is consent necessary?

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • December 17 2010

A liquidator may assign to a third party funder, among other things: the rights that are conferred on the liquidator under statute to bring a claim on behalf of the company

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