We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results: 1-10 of 156

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

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

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

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

Obligation of receivers of mortgagees to return GST on proceeds of mortgagee sale
  • Buddle Findlay
  • New Zealand
  • June 6 2012

In Simpson v Commission of Inland Revenue (2012) 25 NZTC 20-119 (CA) the Court of Appeal held that receivers of a mortgagee which is not registered for GST must still account to Inland Revenue for GST on a mortgagee sale

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

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”

Bankruptcy: canvassing other creditors not disqualifying conduct
  • Buddle Findlay
  • New Zealand
  • December 17 2010

Bank B sought adjudication in bankruptcy of F

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

Calculating mortgagee's priority amounts under deed of priority
  • Buddle Findlay
  • New Zealand
  • October 4 2011

In our October 2010 insolvency legal update, we reviewed the case of South Canterbury Finance Ltd v Nielsen, where the Court found in favour of second mortgagee, SCF, on the interpretation of a deed of priority