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Directions engineered: conduct justified - substantive rights not affected

This week’s TGIF considers Re Broens Pty Limited (in liq) [2018] 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.

What happened?

On 19 December 2016, voluntary administrators were appointed to Broens Pty Limited (the Company). The Company supplied machinery & services to manufacturers in aerospace, rail, defence and mining industries.

Australia, Employment & Labor, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
You can’t rely on anyone but yourself - insolvent companies, litigation funding and security for costs

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.

Background

Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
The Royal Court of Guernsey sanctions first scheme of arrangement relating to the restructuring of an insolvent business

In September 2012, Grant Thornton were appointed by the Royal Court of Guernsey as joint administrators of a Guernsey company called Montenegro investments limited (MIL) - a Guernsey property Investment Fund..  The joint administrators then appointed Ogier.

Current Status of MIL

Guernsey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Shareholder, Balance sheet