Fulltext Search
Fasken 2023 Insolvency Insights

Case Trends

Canada, Insolvency & Restructuring, Litigation, Fasken, Insolvency, Supreme Court of Canada
PIF revisited - no right not to be diluted

On 5 October 2011 Justice Barrett of the Supreme Court of NSW handed down a decision in Centro Retail Limited and Centro MCS Manager Limited in its capacity as Responsible Entity of the Centro Retail Trust [2011] NSWSC 1175 (“Centro”) where he found that the responsible entity of Centro Retail Trust would be justified in modifying the constitution of the trust without unitholder approval to a insert a provision permitting the issue of units at a price different to that provided for by the pre-existing provisions.

Australia, New South Wales, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Retail, Security (finance), Investment funds, Market value, Net asset value, Unilateralism, Australian Securities Exchange, ING Group, Australia and New Zealand Banking Group, Constitutional amendment, Corporations Act 2001 (Australia), Constitution, Federal Court of Australia, New South Wales Supreme Court
September 18, 2009 – Canada’s insolvency reforms in force

In 2005, Parliament passed a comprehensive package of reforms to Canadian insolvency and restructuring laws. The purpose of these amendments was to provide additional protections for employees, codify existing case law and practice, bolster the proposal process and conform Canadian laws concerning cross-border insolvencies to international practice.

Canada, Insolvency & Restructuring, Fasken, Wage, Bankruptcy, Debtor, Debt, Liquidation, Annual leave, US Federal Government, Bankruptcy and Insolvency Act 1985 (Canada)