This week’s TGIF takes a look at a recent case in the Supreme Court of Victoria, where the court found the statutory presumption of insolvency did not arise as there had not been effective service of a statutory demand due to a typographical error in
This week’s TGIF examines a decision of the Victorian Supreme Court which found that several proofs had been wrongly admitted or rejected, and had correct decisions been made, the company would not have been put into liquidation.
This week’s TGIF considers the decision in RHG Mortgage Corporation Ltd v Summerfield  NSWCA 44, where a finding was made that there was no default by borrowers which entitled the lender to possession of the security property.
This week’s TGIF considers a recent decision of the Victorian Court of Appeal where a company’s creditors successfully opposed an application by the company’s liquidators to compromise proceedings commenced on the company’s behalf.
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