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Results: 1-10 of 162

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


Court rejects 'halfway house' on security for costs
  • Buddle Findlay
  • New Zealand
  • December 14 2015

In Erwood v Official Assignee 2015 NZCA 478 an application was made to review a decision declining to dispense with security for costs. The


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


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


Receivers liable for GST on mortgagee sales
  • Buddle Findlay
  • New Zealand
  • July 21 2011

The recent case of Simpson v Commission of Inland Revenue (HC, 1752011; Dobson J, Wellington, CIV 2010-485-1860) concerned the issue of whether receivers are personally liable to account for goods and services tax (GST) on the sale of six properties effected by them


Order in the land of indefeasible mortgages has been restored
  • Bell Gully
  • New Zealand
  • April 26 2012

In a decision released in September 2011, the High Court ruled that a mortgagee cannot exercise its power of sale under the mortgage if the Family Court has subsequently made an interim occupation order under the Property (Relationships) Act


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


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