This week’s TGIF considers a recent decision of the Federal Court where a company was found to be ‘insolvent’ for the purposes of assessing breach and termination of a contract, despite its subsequent survival and ongoing trading.
Key Takeaways
This week’s TGIF looks at In the matter of Gary John Anderson in his capacity as liquidator of G & G Contractors Pty Ltd (In Liquidation) [2021] FCA 1185, the latest of a line of Federal Court decisions confirming the approach to be taken by liquidators of trustee companies that have ceased to be trustees as a result of going into liquidation.
Key Takeaways
The Reserve Bank of India (“RBI”) has, in its capacity as the regulator of non-banking financial companies and under the powers conferred to it pursuant to Section 45-IE (1) of the Reserve Bank of India Act, 1934 (“RBI Act”), superseded the Board of Directors of SIFL and SEFL.
The press release of even date from the RBI also stipulates the following:
1) The step has been taken owing to governance concerns and defaults by SIFL and SEFL in meeting their various payment obligations.
This week’s TGIF considers a decision of the Supreme Court of New South Wales on whether leave should be granted for proceedings against a court-appointed liquidator personally.
Key Takeaways
This week’s TGIF considers a recent decision of the Supreme Court of New South Wales, Re Antqip Pty Ltd (in liq) [2021] NSWSC 1122, concerning whether section 588FL of the Corporations Act2001 (Cth) applied to vest a security interest in the company that was granted after the ‘critical time’.
Key Takeaways
This week’s TGIF considers the recent ruling of the Federal Court of Australia in Tuscan Capital Partners Pty Ltd v Trading Australia Pty Ltd (in liq)[2021] FCA 1061, where a liquidator’s decision to accept a ‘proof of debt’ was successfully challenged due to a lack of evidence that
This week’s TGIF examines a decision where the Court ordered a director, who caused a company to bring proceedings challenging a receiver appointment, to be joined to the claim and indemnify the company for its exposure to a costs order.
Key Takeaways
This week’s TGIF looks at a recent Federal Court decision which offers guidance on when receivers may be released from claims arising out of their appointment and relieved from filing and serving formal accounts.
Key Takeaways
The recent Victorian Supreme Court of Appeal case of Quin v Vlahos [2021] VCSA 205 has clarified when third party funds, such as a sole director’s personal bank account, can be taken into account in determining a company’s solvency.
Key Takeaways
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