We have a specialist team which focuses on all aspects of corporate and personal insolvency and which has been involved in a number of leading judicial decisions in this area.
We advise a large number of creditors, receivers, administrators, and liquidators. We represented the liquidator in the landmark Court of Appeal case Rodewald v Aqua-Agricultural Farms Limited [2002] 3 NZLR 501 where it was held that the failure to specify the time the liquidator was appointed did not invalidate the appointment. Had the appeal been unsuccessful, thousands of previous appointments would have been considered to be invalid. The consequences of this would have been significant for the individual liquidators appointed.
Similarly, we recently acted for the liquidator in Blanchett v McEntee Hire Holdings Limited (2010) 10 NZCLC 264,763, which was the first case to examine new principles emerging from an updated voidable transactions regime, including the running account principle and the applicability of the peak indebtedness rule in New Zealand.
Our lawyers are regularly involved in litigation involving:
- Bankruptcies, liquidations and receiverships
- Creditors proposals under Part 5 of the Insolvency Act
- Voidable transactions
- Claims for breaches of directors’ duties
- Security priority issues under the Personal Property Securities Act and other legislation.
For advice on all matters relating to insolvency, please contact:
Toby Braun
Jarrod True
Murray Branch
Kevin Bond
Sarah Rawcliffe
Karen Shaw
