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Results: 1-10 of 137

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


First ranking chargeholder retains its interest upon property vestment
  • Buddle Findlay
  • New Zealand
  • December 19 2011

In Fenland District Council v Sheppard and others, FDC had spent £72,000 making a derelict property safe, which by the hearing date was worth less than half that amount


Consultation paper on insurance solvency standards
  • Russell McVeagh
  • New Zealand
  • February 13 2013

The Reserve Bank has published a consultation paper on insurance solvency standards: the quality of capital and regulatory treatment of financial


Recent GST cases address commissioner's priority to GST in insolvency and criteria for deregistration
  • Russell McVeagh
  • New Zealand
  • May 31 2012

Those statements from the Supreme Court and Court of Appeal should be refreshing reading for tax advisors


Court confirms subordination agreement trumps PPSR registration
  • Buddle Findlay
  • New Zealand
  • August 7 2012

In Gibbston Downs Wines Limited and RFD Finance No 2 Limited v Perpetual Trust Limited HC Christchurch CIV-2010-409-00176 28 May 2012, the High Court considered the effect of registration of a subordination agreement on the respective priority of two perfected security interests registered on the Personal Properties Securities Register (PPSR


Setting aside transactions: the good faith defence
  • Buddle Findlay
  • Australia, New Zealand, United Kingdom
  • December 13 2013

In Madsen-Ries v Rapid Construction Ltd 2013 NZCA 489, the Court of Appeal considered an appeal concerning a liquidator's attempt to have a


The bankrupt forgives, but will the official assignee forget?
  • Buddle Findlay
  • New Zealand
  • March 30 2012

Official Assignee v Mayers and Ors concerns the common practice of forgiveness of debt owed by a family trust and the consequences of such a gifting programme in the event of the bankruptcy of the lender


Obligations as consideration
  • Buddle Findlay
  • New Zealand
  • March 30 2012

In Wilson v APG Holdings Ltd (In Liquidation), Mrs Rita Wilson (Mrs W) received amounts totalling approximately $1m from APG Holdings Limited (in liquidation) (APG) of which her husband, Mr Terry Wilson (Mr W), was a director


PPSA priority set by date of registration, not perfection
  • Chapman Tripp
  • New Zealand
  • October 4 2012

The Court of Appeal has reversed the High Court’s decision in Healy Holmberg Trading Partnership v Grant on a PPSA issue it describes as being of “practical significance”


Power to appoint receiver - the terms of your contract are important
  • Buddle Findlay
  • New Zealand
  • April 15 2011

In Taylor & Ors v Bank of New Zealand (HC, 14122010, Panckhurst J, Christchurch, CIV 2008-409-964), the High Court held that a bank's appointment of a receiver without any prior written notice to the debtor was in accordance with the terms of the security agreement and was therefore valid