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    Civil Fraud Quarterly Round-Up: Q2 2021
    2021-07-29

    This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period April - June 2021.

    CONTEMPT OF COURT

    Filed under:
    United Kingdom, Family, Insolvency & Restructuring, Litigation, White Collar Crime, Kingsley Napley, Bribery, Injunction, Fiduciary, Abuse of process, Mediation, Contempt of court, HSBC
    Authors:
    Mary Young
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    A professional foul: Supreme Court sets aside examination summonses issued to NRL officers
    2020-03-13

    This week’s TGIF considers the recent case of In the matter of Newheadspace Pty Limited (in liq) [2020] NSWSC 173, where the Supreme Court of New South Wales set aside a liquidator’s examination summonses on the grounds of an abuse of process and failure to satisfy s 596B of the Corporations Act 2001 (Cth).

    What happened?

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Abuse of process, Liquidator (law), Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Cameron Cheetham , Mark Wilks , Craig Ensor , Felicity Healy , Kirsty Sutherland , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Liquidator’s examinations: gaining access to an affidavit in support
    2012-05-18

    Under section 596B of the Corporations Act 2001 (Cth) (Act), liquidators and other eligible applicants can apply to the Court for orders to examine certain persons in connection with the affairs of a corporation. Under section 596C, the affidavit in support is not available for inspection unless a court otherwise orders.

    In the case of Sutherland v Pascoe; Re Matrix Group Ltd(as trustee for the Matrix Group Unit Trust (in liq)) [2012] FCA 453, the Federal Court granted examinees access and discussed the applicable principles.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Abuse of process, Res judicata and issue estoppel, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Civil Fraud Quarterly Round-Up: Q2 2017
    2017-07-03

    Freezing Injunctions

    Filed under:
    Belgium, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White Collar Crime, Wills & Probate, Kingsley Napley, Fraud, Abuse of process, Money laundering, Beneficial ownership, Public limited company, Asset freezing
    Authors:
    Mary Young
    Location:
    Belgium, United Kingdom
    Firm:
    Kingsley Napley
    Not Just Linear Property Tax Priorities: Alberta Court of Appeal on Abuse of Process and Mootness
    2019-02-19

    In a recent Bennett Jones Update—Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty—we discussed three recent decisions of the Court of Queen's Bench of Alberta that had addressed the question of the priority of municipal property taxes in insolvency proceedings.

    Filed under:
    Canada, Ontario, British Columbia, Insolvency & Restructuring, Litigation, Real Estate, Tax, Bennett Jones LLP, Property tax, Abuse of process, Liquidation, Court of Appeal of Alberta
    Authors:
    Kelsey J. Meyer
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Examination of liquidator - legitimate or abuse of process?
    2017-01-31

    Liquidators can rest assured that courts are reluctant to interfere in their commercial judgments or permit liquidators to be personally exposed to mandatory examinations under s596ACorporations Act 2001 (Cth) (Act).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Abuse of process, Liquidator (law), Corporations Act 2001 (Australia)
    Authors:
    Rena Solomonidis , Pravin Aathreya
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    The purpose and appropriateness of liquidator’s examinations - a challenge to the status quo?
    2014-08-14

    The approach of the courts to public examinations conducted by liquidators has in recent times arguably tended towards granting increasing liberty to liquidators in the scope of their examinations.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Abuse of process
    Location:
    Australia
    Firm:
    Piper Alderman
    Liquidators not required to prove debts prior to commencing compensation proceedings for insolvent trading
    2014-09-05

    In the matter ofMustang Marine Australia Services Pty Ltd [2014] NSWSC 1074, Brereton J of the New South Wales Supreme Court held that there is no principle that before instituting proceedings a liquidator must be satisfied of the material facts that constitute its cause of action, and that absent such satisfaction the proceedings are an abuse of process. As long as proceedings are instituted for bona fide relief claimed and are not doomed then there is no abuse of process.

    FACTS

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Abuse of process, Debt, Legal burden of proof
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Dench v Gates [2013] NZHC 1133
    2013-06-27

    In Dench v Gates, the New Zealand High Court considered its inherent jurisdiction to set aside a bankruptcy notice to prevent an abuse of process. Mrs Gates, the judgment debtor, had applied to the High Court to set aside a bankruptcy notice. The bankruptcy notice was based on an award of costs against Mrs Gates in respect of earlier District Court litigation initiated by her against Mr Dench, a solicitor, on the basis that he had conducted himself dishonestly while representing his client in a separate matter, in which Mrs Gates was the plaintiff.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Abuse of process
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Business rescue and insolvency: what are your rights should you receive a subpoena to attend an insolvency enquiry?
    2016-06-29

    In Roering & Another NNO v Mahlangu (581/2015) [2016] ZASCA 79 heard recently, the Supreme Court of Appeal (SCA) considered the circumstances that might justify a witness under subpoena applying for enquiry proceedings to be set aside or for the witness to be excused from attending those proceedings.

    The general rule is that a subpoenaed witness is compelled to attend, subject to procedural requirements being met, and the evidence sought being relevant to the insolvent company or entity.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr, Abuse of process, Witness, Subpoena, South Africa Supreme Court of Appeal
    Authors:
    Grant Ford
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr

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