The peak indebtedness rule employed by liquidators to maximise recovery of unfair preference claims is abolished
A recent case in the NSW Court of Appeal clarifies the purpose, and limits, of a public examination summons
The PAS Group decision reaffirms the principle that rent incurred during the administration period takes priority in the winding-up payment waterfall
Antqip Hire highlights the importance of drafting a DOCA carefully, and properly communicating to creditors the commercial risks
The case of Antqip Hire was brought by the liquidators of two related entities (Antqip Pty Limited and Antqip Hire Pty Limited).
Orders were sought determining:
A voluntary administrator is often appointed by the company. The directors have a role in selecting the administrator; often the referral will come through one of the company’s advisers, such as the accountant or lawyer.
National Rugby League (NRL) was successful in setting aside a summons for public examination obtained by the liquidator of Newheadspace Pty Limited (Newheadspace). The Court also awarded NRL its costs. The Court found that the creditors’ voluntary winding-up of Newheadspace was an abuse of process, and that the summonses were obtained for an improper purpose.
APPLICATIONS FOR LEAVE TO APPEAL GRANTED
37323
James Chadwick Rankin, carrying on business as Rankin’s Garage & Sales v. J.J. by his Litigation Guardian, J.A.J., J.A.J., A.J.
(Ont.)
Torts — Negligence — Duty of Care — Motor vehicles
APPLICATIONS FOR LEAVE TO APPEAL DISMISSED
37268
Joseph Palazzo v. Standard Life Assurance Company of Canada
(Que.)
Civil Procedure – Appeal – Prescription
The Applicant was an employee of the Respondent from 1968 to 2009. In 1980, the Applicant began selling life insurance and investment products of the Respondent until his retirement on May 1, 2009. During his employment as a sales representative, the Applicant was paid on a commission basis only.
37026 Steven Paul Boone v. Her Majesty the Queen
(Ont.)
Criminal law – Offences – Elements of offence
36979 Darin Andrew Randle v. Her Majesty the Queen
(B.C.)
Criminal law – Evidence – “Mr. Big” confessions