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

Hand them over! Director entitled to inspect documents prepared by a receiver

21 October 2016

This week’s TGIF considers Navarac Pty Ltd v Carrello [2016] WASC 327, in which the court held that a director was entitled to inspect certain records created by a receiver during the course of the receivership.

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Not my guarantee! Trade creditor faces consequences for accepting electronic signature at face value

14 October 2016

The NSW Court of Appeal recently rejected an appeal from a decision which held that a company director was not personally liable as a guarantor in circumstances where his electronic signature had been affixed to the guarantee without his knowledge.

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Court refuses mandatory examination of liquidator

7 October 2016

This week’s TGIF considers the decision of Kimberley Diamonds Ltd, in the matter of Kimberley Diamond Company Pty Ltd (in liq) [2016] FCA 1016 in which the Court refused to allow the mandatory examination of a liquidator under s 596A

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Tips for administrators to avoid costs orders in proceedings challenging the validity of appointment

30 September 2016

This week’s TGIF looks at the departure from the general costs rule considered in In the matter of Condor Blanco Mines Ltd (No. 2) in circumstances where the administrator was found not to have discharged the duty of essential neutrality.

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Is it the vibe? Constitutional challenges to the Court’s power to issue examination summonses.

23 September 2016

This week’s TGIF considers Clive Palmer’s recent challenges to the constitutionality of the Court’s power under the Corporations Act to issue examination summonses.

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Hopelessly insolvent – DOCA terminated in favour of public interest

16 September 2016

This week’s TGIF considers the decision of Ziziphus Pty Ltd v Pluton Resources Limited (Receivers and Managers Appointed) (Subject to Deed of Company Arrangement) where the Court favoured the public interest in terminating a DOCA

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Consequences of ‘vague encouragement’ in commercial negotiations

9 September 2016

A recent High Court decision has considered the issue of estoppel based on representations made during commercial negotiations.

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When is a judgment debt not a judgment debt?

2 September 2016

This week’s TGIF considers the case of Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106, where the Court exercised its power to “go behind” a judgment upon which a petitioning creditor relied as proof of a debt that was owed.

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S440J(1) will not always protect director/guarantors where borrower is in administration

26 August 2016

This week’s TGIF considers Mizuho Bank Ltd v Ackroyd where the Court considered whether s 440J will prevent the continuation of proceedings to enforce a guarantee against a director of a company in administration

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Principal loan contract varied, but guarantors fail in seeking to avoid liability to the bank under their guarantees

19 August 2016

This week’s TGIF considers a recent case where two individuals challenged their liability under guarantees given by them in respect of monies borrowed by their family trust for property development purposes.

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