In the recent decision of In the matter of Bias Boating Pty Limited (receivers and managers appointed) (in liquidation)  NSWSC 47, Black J ordered costs against a number of defendants on a preliminary question of insolvency even though they did
This week’s TGIF covers the Federal Court’s refusal in Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 2)  FCA 93 to validate creditors’ resolutions fixing $5m+ of remuneration where creditors were given insufficient informatio
This week’s TGIF considers Re Legend International Holdings Inc (In liq)  VSC 789, the next chapter in the story of Legend International Holdings Inc, where the Court found a company to be insolvent on the basis of a foreign debt.
This week’s TGIF considers a recent decision of the NSW Supreme Court where the Court protected the priority of an ADI’s unregistered security interest perfected by control, over the registered security interest of a secured creditor.
This week’s TGIF considers Re Broens Pty Limited (in liq)  NSWSC 1747, in which a liquidator was held to be justified in making distributions to creditors in spite of several claims by employees for long service leave entitlements.
This week’s TGIF considers Bullhead Pty Ltd v Brickmakers Place Pty Ltd (in liq)  VSCA 316, where the Court held that a release for breach of trust was ineffective because the beneficiary was not fully informed about the breach
This week’s TGIF considers Australian Worldwide Pty Ltd v AW Exports Pty Ltd where the Court awarded security for costs against plaintiff companies in liquidation, despite a litigation funder’s indemnity against adverse costs
This week’s TGIF considers the decision of Pentridge Village Pty Ltd (in liq) v Capital Finance Australia Ltd  VSC 633, where the Supreme Court of Victoria considered whether a liquidator was able, as a matter of law, to assign statutory causes