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Case Name & Citation

Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2023] NSWCA 134 per Bell CJ, Meagher JA, Kirk JA

Hyperlink

https://jade.io/article/1033363?at.hl=Greylag+Goose+Leasing+1410+ Designated+Activity+Co+v+PT+Garuda+Indonesia+Ltd

Date of Judgment

14 June 2023

Issues

On 1 June 2017 a new law came into effect in New South Wales relevant to liquidators’ rights to directly pursue the insurer of a proposed defendant, taking away significant uncertainty which existed previously because of antiquated provisions in a 1946 act relating to charges over and priorities to those insurance monies.

The new law now provides greater certainty for liquidators in deciding whether to bring proceedings directly against the insurers of directors and officers or indeed of other third parties against whom the liquidators may have claims.