El Tribunal Supremo recuerda que la prohibición de las sentencias condenatorias con reserva de liquidación debe interpretarse de manera flexible, atendiendo a los motivos justificados y razonables de cada caso en particular
Damos noticia de la sentencia del Tribunal Supremo núm. 1228/2023, de 14 de septiembre, que analiza una cuestión de enorme interés práctico, como son las sentencias de condena con reserva de liquidación.
Evolución de la normativa
The ruling emphasises the need to flexibly interpret the prohibition in light of the reasonable grounds of each case
The Supreme Court's decision on the interpretation of the ban on sentences with a reservation of liquidation – numbered 1228/2023 and dated 14 September – has significant practical importance.
Regulatory developments
The regulation of sentences with a reservation of liquidation has significantly changed over the years.
Commercial court powers have been amended to achieve the speed and efficiency required by EU regulations.
This week’s TGIF considers a recent case where the Supreme Court of Queensland rejected a director’s application to access an executory contract of sale entered into by receivers and managers on the basis it was not a ‘financial record’
Key Takeaways
This week’s TGIF looks at the decision of the Federal Court of Australia in Donoghue v Russells (A Firm)[2021] FCA 798 in which Mr Donoghue appealed a decision to make a sequestration order which was premised on him ‘carrying on business in Australia' for the purpose of section 43(1)(b)(iii) of the Bankruptcy Act 1966 (Cth) (Act).
Key Takeaways
This week’s TGIF considers an application to the Federal Court for the private hearing of a public examination where separate criminal proceedings were also on foot.
Key takeaways
This week’s TGIF looks at a recent decision of the Victorian Supreme Court, where a winding up application was adjourned to allow the debtor company to pursue restructuring under the recently introduced small business restructuring reforms.
Key takeaways
This week’s TGIF considers the decision of the Supreme Court of New South Wales In the matter of Gearhouse BSI Pty Ltd [2021] NSWSC 98. In this case, one of the joint venture parties obtained an order to wind up the joint venture on the basis that the underlying purpose of the business had failed.
Key takeaways
This week’s TGIF considers an application to wind up a company on just and equitable grounds. The Court declined to make the order, finding the suggested deadlock had an air of artificiality and the application was infused with self-interest.
Key takeaways
This week’s TGIF considers the decision in Nikitins v EncoreFX (Australia) Pty Ltd (No 2) [2021] FCA 27, where the Federal Court found that funds paid into a holding account for the provision of foreign exchange services were held on trust and were not property of the liquidation.
Key takeaways