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Results: 1-10 of 119

Re Reynolds - Official Assignee v Wilson and another

  • Ogier
  • -
  • New Zealand
  • -
  • February 23 2009

Mr Reynolds (the 'Settlor') was the settlor of the GM Reynolds Family Trust (the 'Trust') under which he appointed Messrs Wilson and Harvey as trustees (the 'Trustees'

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

Bankruptcy: canvassing other creditors not disqualifying conduct

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

Bank B sought adjudication in bankruptcy of F

Insolvent corporate trustee's "empty shell" policy challenged

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

ACC had contracted OPC to provide services

Liquidators can require certain secured creditors to provide information

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • April 4 2011

A recent decision confirms that liquidators can require creditors and other persons with relevant knowledge about the affairs of the company in liquidation to provide information

Mandatory set-off in bankruptcy or liquidation

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • April 4 2011

Finnigan v He underlines the obligatory nature of bankruptcy set-off whereby once the statutory requirements that exist in section 310 of the Companies Act 1993 are met (and no exclusion applies), such a set-off is mandatory

Receivers liable for GST on mortgagee sales

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

Simpson and Downes v CIR involved an application by receivers for directions under section 34 of the Receiverships Act 1993 in relation to whether the receivers of a mortgagee were personally liable to account for GST on the supply of six properties sold by the receivers at mortgagee sale

Companies not sufficiently related to allow for pooling order in liquidation

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

In Jordan and Vance v First City (in liquidation ) & Gore Street (in liquidation), the liquidators of Gore Street applied for a pooling order that the liquidation of the two defendants, First City and Gore Street, proceed as if they were one company

The payment of Allan Hubbard's legal fees

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

The government placed the Hubbards, their companies (Aorangi Securities and Hubbard Management Funds), and seven charitable trusts in statutory management in June 2010

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

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