Insolvency & Debt Recovery

Specialist support for debt recovery, securities enforcement, bankruptcy and liquidation.

Recovering money owing under a contract for goods or services can be stressful, costly and time-consuming. McVeagh Fleming has specialised expertise acting for both creditors and debtors, providing strategic advice across debt recovery, securities enforcement, bankruptcy and liquidation proceedings.

We act for clients ranging from individuals to large corporates, both local and international. Whether you are pursuing a single debt, managing recovery of multiple debts, responding to a claim, or enforcing your position as a secured creditor, our team can help.

In many cases, an initial communication from a third party is enough to achieve payment. Where court action is required, our litigators regularly appear in the District Court and High Court, and can advise you on the process, prospects of success, and enforcement options.

It all starts with a conversation

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Our latest insights

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A Personal Guarantee needs to be properly and explicitly recorded to be valid and enforceable. A recent ruling needs PGs to be exact. Auckland dispute lawyer
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Brougham v Regan - The Requirements for a Valid Contract of Guarantee

On 30 October 2020 the Supreme Court delivered a landmark judgment in the context of contracts of guarantee in the case of Brougham v Regan [2020] NZSC 118. A summary of the key facts of the matter and important points in the Court's decision follow.
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Consumer credit lawyer Auckland, Manukau. If you have hardship payments issues in Covid-19 you can apply to your lender for help. Click to see if you can apply
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Hardship - Consumer Credit Contracts Under a Covid-19 Related Lockdown

Section 55 of the Credit Contracts and Consumer Finance Act 2003 ("CCCFA") provides that a person who is unable reasonably, because of illness, injury loss of employment, the end of a relationship, or other reasonable cause, to meet their obligations under a consumer credit contract and who reasonably expects to be able to discharge their obligations if the terms of the contract were changed as provided for under the CCCFA may apply to a creditor to agree to that change. In the present Covid-19 lockdown, we expect these provisions to be tested and both debtors and creditors need to know their rights and responsibilities in these sorts of situations.
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Auckland Commercial, Insolvency Lawyer. Directors held liable for wreckless trading and received very heavy fines. Call 377 9966 for a no-obligation chat.
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Mainzeal: Reckless Trading

In Mainzeal1 the former directors were held liable for a breach of section 135 of the Act. Richard Yan, (who was the founder and main shareholder of Mainzeal's parent company, Richina Pacific) was ordered to pay compensation of $36M. Each of the other directors (Shipley, Tilby and Gomm) were held liable to contribute $6M each towards that $36M.
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Team leadership

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Headshot of Craig Andrews, Partner at McVeagh Fleming, professional style photo against a neutral background.
Craig Andrews
Partner
Litigation & Dispute Resolution
DDI:
09 306 6745
MOB:  
E:
candrews@mcveaghfleming.co.nz
Email
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Headshot of John Burley, Partner at McVeagh Fleming, professional style photo against a neutral background.
John Burley
Partner
Litigation & Dispute Resolution
DDI:
09 306 6741
MOB:  
E:
jburley@mcveaghfleming.co.nz
Email
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It all starts with a conversation

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