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Results: 1-10 of 117

Applying accounts receivable and inventory to receivers' fees

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • April 15 2013

The High Court has provided useful guidance as to how receivers should apportion their fees to accounts receivable and inventory. This Brief Counsel

Voidable defence is further limited

  • Bell Gully
  • -
  • New Zealand
  • -
  • April 11 2013

Section 296(3) of the Companies Act 1993 (the Act) provides a defence to creditors who have received a payment found to be a voidable transaction

Insolvent transaction defences courts deliver mixed results for liquidators

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • April 9 2013

Prior to October 2007, a creditor could rely on the “good faith” defence to an insolvent transaction claim only if it had acted in good faith and

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

Liquidators fail in application for pooling of assets

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • 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

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

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • 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
  • -
  • New Zealand
  • -
  • 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

Liquidator is not appropriate appointee to trust

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • 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

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

The 'big five' insolvency issues for 2013

  • Chapman Tripp
  • -
  • Australia, New Zealand
  • -
  • March 8 2013

Several issues of far-reaching significance in the world of restructuring and insolvency will be decided by the courts, and by Parliament, this year

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