TGIF

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

Holding DOCAs hold firm

18 August 2017

This week’s TGIF considers the decision of Mighty River International Ltd v Hughes, in which the WA Court of Appeal held that a ‘Holding DOCA’ was valid. The decision provides comfort to insolvency practitioners who use ‘Holding DOCAs’

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Security for costs and property of the company – what’s available in the winding up?

11 August 2017

This week’s TGIF considers the decision of EH 2015 Pty Ltd (in liq) v Caratti (No 3) [2017] WASC 210 which concerned the rights of a liquidator to funds paid into court as security by a company which subsequently became insolvent.

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Company Confidential: When are employee documents not privileged against their employer?

4 August 2017

This week’s TGIF considers what the UK decision of Simpkin v The Berkeley Group Holdings PLC [2017] EWHC 1472 means for insolvency practitioners seeking to access potentially privileged documents created by employees of appointee companies.

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Exercise caution: when can fraud by a witness of a mortgagor’s signature on a mortgage be brought home to the bank?

28 July 2017

This week’s TGIF considers Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971, where a mortgagee alleged a witness fraudulently attested to his signature on a mortgage and the bank registered the mortgage with notice of fraud.

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Third party payments – have you received an unfair preference?

21 July 2017

This week’s TGIF examines a recent decision of the Supreme Court of New South Wales which considered whether payments made by a third party to a company’s creditors could be recovered as unfair preferences.

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Extensions of time to register PMSIs under the PPSA: It is a lack of prejudice universally acknowledged…

14 July 2017

This week’s TGIF considers In the matter of Duke Contracting Australia Pty Ltd [2017] NSWSC 767 where the New South Wales Supreme Court considered how a secured creditor seeking an extension to register a PMSI can demonstrate that the extension would

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What is the Collateral damage?

7 July 2017

This week’s TGIF considers Credit Suisse AG, Sydney Branch v Springsure Property Holdings Pty Ltd (in liquidation) (receivers and managers appointed) [2017] QSC 142, in which the court considered whether real property acquired by the guarantor after

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Something is better than nothing: court approval of liquidator entering litigation funding agreement

23 June 2017

This week’s TGIF considers In re City Pacific Limited in which the NSW Supreme Court considered whether to approve a liquidator entering into a litigation funding agreement under which the funder would receive a premium of at least 50% of any judgmen

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A commercial solution to a re-vesting problem

16 June 2017

This week’s TGIF considers Alleasing Pty Ltd, in the matter of OneSteel Manufacturing Pty Ltd in which the Court considered the potential prejudice to creditors in extending the time for registration of security interests

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First in time, first in line? Does the order of registration of caveats determine the priority of competing unregistered charges?

9 June 2017

This week’s TGIF considers Bunnings Group Ltd v Hanson Construction Materials Pty Ltd & Anor [2017] WASC 132, where the Court considered whether the order of registration of caveats determined the priority of competing unregistered charges.

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