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Results: 1-10 of 19

Court of Appeal takes different position on the "good faith" defence to voidable transactions

  • Bell Gully
  • -
  • New Zealand
  • -
  • May 21 2013

A recent decision of the Court of Appeal (Farrell v Fences & Kerbs Limited 2013 NZCA 91) will make it very difficult for creditors to successfully

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

Limited liability - the pulse of our economy

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • February 22 2013

New Zealand is a highly entrepreneurial society. Even during the sluggish economic growth of the past three years, we have maintained an average

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

Doing business in New Zealand

  • Simpson Grierson
  • -
  • New Zealand
  • -
  • June 1 2012

This guide introduces you to New Zealand's business and trading environment, with particular focus on legal and regulatory matters

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

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