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Results: 11-20 of 2,473

Supreme Court rejects Banks' leave to appeal on costs
  • Buddle Findlay
  • New Zealand
  • July 5 2017

In Banks v R 2017 NZSC 98, the New Zealand Supreme Court declined to grant John Banks leave to appeal against the High Court's decision (upheld in


Solicitor's error almost costs appellants their right to appeal
  • Buddle Findlay
  • New Zealand
  • July 5 2017

In Almond v Read 2017 NZSC 80, the New Zealand Supreme Court considered whether and to what extent the merits of an applicant's case will be taken


Two halves make a whole in bankruptcy
  • Buddle Findlay
  • New Zealand
  • June 29 2017

In 2013, Mrs Hanara was adjudicated bankrupt. The Assignee subsequently disclaimed Mrs Hanara's half-interest in a Hastings property (the Interest


The Courts' limited jurisdiction to approve payment proposals
  • Buddle Findlay
  • New Zealand
  • June 29 2017

The Commissioner of Inland Revenue (Commissioner) appealed a decision of Associate Judge Christiansen to approve a payment proposal by Mr Wilson to


Distribution of assets upon the liquidation of a Ponzi scheme
  • Buddle Findlay
  • New Zealand
  • June 29 2017

Arena Capital Limited (Arena) was a Ponzi scheme. Arena's liquidators applied under s284(1)(a) of the Companies Act 1993 for directions regarding


Insolvent gifts to trustees
  • Buddle Findlay
  • New Zealand
  • June 29 2017

In Official Assignee v Carrim the High Court considered the concept of a "gift" in the Insolvency Act 2006. The Official Assignee sought to cancel


Final word on Ponzi scheme clawback
  • Buddle Findlay
  • New Zealand
  • June 29 2017

The Supreme Court in McIntosh v Fisk upheld the Court of Appeal decision permitting the liquidators of Ross Asset Management Ltd (RAM) to claw back


Is disclaimer effective to rid a company of its environmental obligations?
  • Buddle Findlay
  • New Zealand
  • June 29 2017

This question arose in Queensland recently in Linc Energy Ltd (in liq): Longley & Ors v Chief Executive Dept of Environment & Heritage Protection


Direct agreements can protect builders from insolvent developers
  • Buddle Findlay
  • New Zealand
  • June 29 2017

Ebert Construction Limited v Sanson concerned the question of whether payments made by a third party under a 'direct agreement' to finance


Court of Appeal on when a third party payment is voidable
  • Chapman Tripp
  • New Zealand
  • June 26 2017

Creditors concerned about the solvency of a debtor will often ask that payment be made by a third party. But payments from a third party can be