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TWA Legal
Nov 7, 20243 min read
Assignees of director claims beware
In the much discussed recent case of Yan v Mainzeal property and Construction Ltd (in liq) [2023] NZSC 113, the Supreme Court...
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Kerry Puddle
Aug 22, 20244 min read
You've been served: the extra-territoriality of liquidators’ powers of enquiry under section 261
Can notices issued under s 261 of the Companies Act 1993 be served outside New Zealand? The Court of Appeal has clarified the extent to...
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TWA Legal
May 22, 20243 min read
Liquidators can have a “residual discretion” to deal with secured assets
A recent case[1] confirms that liquidators have a residual discretion under section 254 of the Companies Act 1993 (Act) to appoint...
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TWA Legal
Mar 4, 20244 min read
Insolvency 101 Series: Statutory Demands
We’ve noticed an increase in the number of company directors facing enforcement action, and we expect you might have too. As a resource...
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jennifertunna
Mar 16, 20234 min read
Equitable liens trump creditor entitlements
While liens have been around for as long as the law itself, a recent case in the High Court, Maginness & Booth v Tiny Town Projects Ltd...
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jennifertunna
Jun 29, 20224 min read
Supreme Court prefers substance over form
A recent Supreme Court decision confirms that all the circumstances of a business relationship, whether written or not, may be relevant...
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TWA Legal
Jun 17, 20222 min read
Our new litigators
The team at TWA has plenty of experience in negotiating the resolution of contentious disputes. Where the courtroom is required, we are...
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jennifertunna
Dec 16, 20213 min read
Raising capital under the FMCA 'small offer' exemption
With extended lockdowns likely being a thing of the past with the “traffic light” system in place, small businesses might now want to...
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jennifertunna
Oct 8, 20213 min read
Voidable transactions: a summary of recent and upcoming legislative changes
The regime surrounding voidable transactions has recently been amended, with further changes set to follow in the next year or so. This...
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jennifertunna
Sep 10, 20214 min read
Supreme Court decision on duties and liability of directors of insolvent or near insolvent companies
A brief summary for directors and their general accountancy advisers Debut Homes Limited (in Liquidation) v LW Cooper & Others [2020]...
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TWA Legal
Sep 9, 20214 min read
Insolvent transactions and the "running account" test
We share our thoughts about two recent Australian judgments, Badenoch and Badenoch No. 2, which reject the use of the “peak indebtedness...
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jennifertunna
Oct 19, 20201 min read
Early recognition for TWA Legal
After three short months in business, we are pleased to announce that TWA Legal has been recognised as a Recommended Firm in the IFLR1000...
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jennifertunna
Oct 1, 20201 min read
A new director
Exactly three months since we opened our doors for business, Jennifer has ticked off all Law Society requirements for practicing on her...
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jennifertunna
May 27, 20201 min read
TWA Legal has landed
It has been a busy few weeks for us. I think we all understood that there would be a lot to do before TWA became a reality, but as is...
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