TGIF

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

Like Night and Day: Wind up set aside on sole director’s application

22 June 2018

This week’s TGIF considers In the matter of Day & Night Online Transport Pty Ltd (liq), in which a director exercised his powers to commence proceedings in the name of the company to set aside a winding up order.

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Don’t Sweat the Small Stuff – Let the Courts Help

15 June 2018

This week’s TGIF considers some ways insolvency practitioners can make their lives easier by proactively using the courts to resolve uncertainty – such as liquidators seeking appointment as receivers of trust property.

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Records, records everywhere, and a reason to stop and think — the admissibility of company books stored in data files

8 June 2018

This week’s TGIF considers a recent decision in the Raine Square development litigation, where the WA Supreme Court considered whether data files from software packages such as ‘Quickbooks’ are admissible as evidence of financial records.

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The Substance and the Gist - can a director waive privilege on behalf of a company in liquidation?

1 June 2018

This week’s TGIF considers QBH Commercial Enterprises Pty Ltd (In liq) v Dalle Projects Pty Ltd & Ors, in which the Court considered whether privilege can be waived by a director of a company in liquidation.

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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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