Expertise

Insolvency and Restructuring

Overview
Specialised legal services for insolvency and restructuring

Distressed companies create a range of issues that impact the directors, the shareholders, and creditors of the company.  Hesketh Henry has a wealth of experience both domestically and internationally in dealing with legal issues associated with distressed entities including acting and advising on the following matters:

  • Liquidations, receiverships and other formal procedures. We regularly advise companies, individuals, insolvency practitioners and creditors on all formal insolvency procedures;
  • Director’s duties and personal liabilities. We advise companies and individual directors on duties under the Companies Act, director and officer insurance policies, and recourse to director’s personal assets;
  • Lending arrangements and security protection. We advise a range of banks and finance companies on the structure of lending documents, terms of trade, and security arrangements including mortgages, general security agreements and guarantees.
  • Enforcing debts and securities through the Courts against both principal debtors and guarantors. We regularly pursue matters through relevant Courts and Tribunals on debt recovery matters including summary judgment procedures and disputed debt proceedings, as well as realising property related securities through mortgagee sale processes and enforcement against guarantors.
  • Commercial leasing issues. We act both for commercial landlords and tenants on a range of leasing disputes.
  • Trust assets and protection. Advising on all aspects of trusts, including asset protection for directors and potential recourse to trust assets on insolvency;
  • Business advice. Pre-empting issues and advising businesses on protective steps that can be taken to mitigate the potential for adverse impacts of distressed companies.

Our multi-disciplinary team has particular sector expertise in the construction, property development, insurance, manufacturing, maritime, and trade and commodities sectors. 

In addition, Hesketh Henry has close connections with various organisations in Asia, the Middle East, and the United Kingdom as well as lawyers fluent in Mandarin, Cantonese, Korean, French, Dutch, and German enabling us to act for international corporate clients and advise on cross-border transactions. 

We understand the pressures that arise when companies and creditors face insolvency risks.  We provide pragmatic and commercial solutions to minimise risk and exposure wherever possible. 

Need advice on Insolvency and Restructuring?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

Key Contacts
Recommendations
Publications
Events

Insights & Opinion / Insolvency and Restructuring

Lifting the roof on director’s duties
First prosecution for serious breaches of director’s duties under the Companies Act.
Contract uncertainty leaves room to resist statutory demand: Mega Projects v Orewa Developments
Last week, the Court of Appeal issued its decision in Mega Project Holding Ltd v Orewa Developments Ltd [2020] NZCA 111
COVID-19: Insolvency Law Changes
On Tuesday afternoon the government introduced legislation to implement the changes to the Companies Act 1993 (the Act) it announced in early April.  These changes are intended to assist companies to...
Administration of Retentions Trust: Oorshot v Corbel Construction
In 2018 the decision of Bennet & Ors v Ebert Construction Limited (in rec and liq) [2018] NZHC 2934 (Ebert) established an important precedent for the administration of retentions under constructi...
COVID-19: Lease in default?  Rent not paid on time?
Intended PLA Law Changes during COVID-19
High Court recognizes “property” in cryptocurrency
Introduction  Last week the High Court issued its decision in Ruscoe & Moore v Cryptopia Ltd (in liquidation) [2020] NZHC 728.  The decision is notable, being the first of its kind in New Zealan...
16.04.2020 Posted in Regulatory
COVID-19: Temporary ‘safe harbour’ from directors’ insolvency duties
As mentioned in Hesketh Henry’s article “COVID-19: Insolvency law changes” (https://www.heskethhenry.co.nz/insights-opinion/covid-19-insolvency-law-changes/), Grant Robertson has announced that ...
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