TGIF

TGIF is a weekly publication focusing on current issues in insolvency law and banking and finance litigation.

By Forge! Management’s conduct in cash flow crisis not misleading

25 May 2018

This week’s TGIF considers Swiss Re International v Simpson [2018] NSWSC 233, where the court found that three former executives of Forge Group had not engaged in misleading or deceptive conduct when trying to address a cash flow crisis.

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Court considers independence issues relating to appointment and funding of special purpose liquidator

18 May 2018

This week’s TGIF considers the recent case of Umberto, which involved an application to appoint special purpose liquidators and to obtain the Court’s approval of their funding and legal arrangements.

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Specialist Australian Security Group: who has rights to funds in a trust account and realisations in a liquidation?

11 May 2018

This week’s TGIF considers the case of In the matter of Specialist Australian Security Group Pty Ltd (in liq) [2018] VSC 199 in which the Court considered the priority of an administrator’s right to an indemnity out of company property.

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Gogetta security, but no priority: The importance of a lender’s conduct in determining who has the better equity

4 May 2018

This week’s TGIF considers Gogetta Equipment Funding Pty Ltd v Mark & Liz Pty Ltd [2018] VSC 91, which examined a priority contest between competing equitable interests in property.

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Lien on me – administrators criticised for seeking directions after the fact

27 April 2018

This week’s TGIF considers the case of White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson in which administrators sought directions on whether they hold a lien over consignor property to secure an alleged levy

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The case of the Brexit Ponzi scheme – no distribution of remaining funds to investors struck by common misfortune

20 April 2018

This week’s TGIF article considers the case of In the matter of Courtenay House Capital Trading Group Pty Limited (in liq) v Courtenay House Pty Limited (in liq) [2018] NSWSC 404, in which investors in a Ponzi scheme unsuccessfully sought to have the

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“Can’t get no double satisfaction”: Guarantor seeks to rely on rule against double satisfaction to reduce liability to creditor

13 April 2018

This week’s TGIF considers James v Australia and New Zealand Banking Group Ltd [2018] NSWCA 41 in which a guarantor unsuccessfully sought to rely on the rule against double satisfaction to reduce his liability to a creditor.

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Left in the dark – Seeking to appoint a voluntary administrator when Board relations crumble

6 April 2018

This week’s TGIF considers the case of In the matter of Bean and Sprout Pty Ltd [2018] NSWSC 351, an application seeking a declaration as to the validity of the appointment of a voluntary administrator.

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Re Run of Re Amerind – Part 2: Circulating Security Interests and Circulating Assets

23 March 2018

This week’s TGIF is the second part of our two-part series considering Commonwealth v Byrnes [2018] VSCA 41, the Victorian Court of Appeal’s decision on appeal from last year’s Re Amerind decision about the insolvency of corporate trustees.

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Re Run of Re Amerind – Part 1: The Insolvent Corporate Trustee’s Right of Indemnity

16 March 2018

This week’s TGIF is the first of a two-part series considering Commonwealth v Byrnes [2018] VSCA 41, the Victorian Court of Appeal’s decision on appeal from last year’s Re Amerind decision about the insolvency of corporate trustees.

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