Insolvency

The Court of Appeal has recently confirmed that the provisions of the Kiwisaver Act that restrict access to or early withdrawal (except in exceptional circumstances) also apply in respect to any claim by an Official Assignee where the Kiwisaver member is in bankruptcy. The Official Assignee in the case in […] Read More›

We have discussed in a previous post a Court of Appeal decision which had essentially curtailed one of the basic defences for small businesses against liquidators trying to claw back money that has been received from a company that has gone into liquidation. Section 296(3) of the Companies Act provides […] Read More›

The law relating to liquidations and particularly voidable transactions continues to develop.  Liquidators are constantly looking at ways of trying to overturn transactions particularly payments to creditors. While this might seem meritorious on its face the fact remains that in many instances innocent parties are being disadvantaged by having to […] Read More›

Given the level of liquidations that are occurring at present the question of liquidators powers is an issue where we are regularly providing advice to clients. One particular power of liquidators is the power under section 261 of the Companies Act 1993 to require production of various company documents.   […] Read More›

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