Search results

Order by most recent / most popular / relevance

Results: 1-10 of 15

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

Auditors' liability for failed finance companies

Bell Gully
-
New Zealand
-
November 15 2012

When insolvency practitioners consider who may be held accountable for corporate failures, auditors are often near the top of the list

Court of Appeal reinforces PPSA lessons from Crafar receivership

Chapman Tripp
-
New Zealand
-
November 9 2012

The lessons to be drawn from the Crafar receivership in relation to the Personal Properties Securities Act (PPSA) have now been distilled by the Court of Appeal, which has largely confirmed the High Court’s reasoning

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 need for information superior to auditor's need for privacy

Buddle Findlay
-
New Zealand
-
September 28 2012

The recent decision in The Official Assignee v Grant Thornton (2012) NZHC 2145 addressed the obligation on a company's auditor to produce all relevant documents and information upon request by a liquidator pursuant to section 261 of the Companies Act 1993

Liquidators fail to cash in Bartercard credit

Buddle Findlay
-
New Zealand
-
September 28 2012

In Aditude Advertising Limited (in liq.) v Techday Limited 2012 NZHC 1884, Aditude Advertising Limited (in liquidation) (Aditude) and Techday Limited (Techday), were members of the Bartercard system, a credit trading system

Deadlock:reasonable alternatives to a liquidaton order

Buddle Findlay
-
New Zealand
-
March 30 2012

In Sea Management Singapore Pte Ltd v Professional Service Brokers Ltd, SEA, a 50 shareholder in PSB, applied to put PSB into liquidation due to the irreconcilable deadlock SEA claimed existed at both board and shareholder levels over the direction of Conexa, a PSB subsidiary

Ex-director's loss of standing and the absolute right to appeal

Buddle Findlay
-
New Zealand
-
March 30 2012

In Aotearoa Kiwifruit Export Limited v ANZ National Bank Limited, the High Court was required to examine the difficulties that arise when a director of a company ordered into liquidation disputes that order

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

2012: are you in the cross hairs for creditor claims?

Chapman Tripp
-
New Zealand
-
February 13 2012

Recent decisions from the courts have raised the legal risk for directors and underlined the exposure to third party liability of auditors, trustees and promoters