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    Admissibility of transcripts of liquidator's examinations: Australia
    2010-12-17

    Fodare Pty Ltd v Shearn considered the admissibility of transcripts of public examinations made under Australia's Corporations Act 2001.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay, Admissible evidence, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Buddle Findlay
    No mere rubber-stamp: Ontario court challenges the admissibility of fairness opinion in arrangement transaction
    2014-04-23

    A recent decision at the Ontario Superior Court of Justice (Commercial List) brought to the fore the role of fairness opinions in solvent arrangement transactions. In Re ChampionIron Mines Limited (Champion) the court approved the arrangement but deemed the fairness opinion inadmissible on the basis that it failed to disclose the reasons underlying its conclusion.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Admissible evidence, Bell Canada
    Authors:
    Colin Cameron-Vendrig , Alfred L.J. Page
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Appeals from disallowances of claims by trustees: true appeals or hearings de novo?
    2011-03-14

    One of the duties of a trustee is to examine each claim presented by a potential creditor of the
    bankrupt and to determine whether such a claim is valid. A trustee is entitled, under
    subsection 135(2) of the BIA, to disallow any claim, priority or security that it finds unproven or
    invalid. In the event that a creditor’s claim is disallowed by a trustee, that creditor is entitled to appeal that decision to the superior court in the province. A creditor has 30 days after the
    receipt of the trustee’s reasons for disallowance to file an appeal, although an extension may be

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Discovery, Standard of review, Admissible evidence, Trustee
    Location:
    Canada
    Firm:
    Dentons
    Hong Kong Court considers the scope of expert evidence
    2017-04-05

    In the first instance decision of Fo Shan Shi Shun De Qu Consonancy Investment Co Ltd v Yat Kit Jong [2017] HKEC 557, the Court took a dim view of a party's conduct in respect of expert directions. It held that the party's failure to properly define the scope of the issues to be covered by the expert was a violation of procedural rules and prejudicial to the opposing party, and as such ordered that the party be penalised on costs.

    Facts

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Professional Negligence, Herbert Smith Freehills LLP, Admissible evidence, Liquidator (law)
    Authors:
    Dominic Geiser , Priya Aswani
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Court grants objection to interrogatory seeking information about other insureds' claims, denies objection regarding other claims noticed by the insured's affiliates
    2011-05-20

    A United States Magistrate Judge in the United States District Court for the Western District of North Carolina has denied a motion to compel discovery of all claims for which the insurer had denied coverage based on the desire of an insolvent insured to forfeit coverage.Lane v. Endurance American Specialty Insurance Co., 2011 WL 1791343 (W.D.N.C. May 10, 2011). The court granted, however, the plaintiff’s motion to compel the insurer to provide information about all other claims noticed under the policies at issue.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Discovery, Motion to compel, Admissible evidence, Bad faith, Subsidiary, Business ethics, Collusion
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Ohio's Tenth Appellate District addresses priority between mechanics’ liens and mortgages; prejudgment interest on mechanics’ liens
    2008-05-29

    On May 20, 2008 the Tenth Appellate District Court of Appeals issued an opinion in Guernsey Bank v. Milano Sports Enterprises, LLC holding on several issues of priority between mortgages and mechanics’ liens as well as the application of prejudgment interest on mechanics’ liens.

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Interest, Limited liability company, Mortgage loan, Foreclosure, Legal burden of proof, Admissible evidence
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Refco bankruptcy court orders advancement of defense costs despite guilty pleas in criminal proceedings
    2008-05-06

    The United States Bankruptcy Court for the Southern District of New York has granted another preliminary injunction ordering an excess directors and officers liability insurer to advance defense costs, despite the fact that the insurer had denied coverage on the basis of a prior knowledge exclusion and three of the insured entity's principals have pled guilty to various offenses, including violations of the securities laws. Murphy v. Allied World Assurance Co. (U.S.), Inc. (In re Refco, Inc.), No. 08-01133 (Bankr. S.D.N.Y. Apr. 21, 2008).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Security (finance), Preliminary injunction, Summary offence, Admissible evidence, Liability insurance, Indictment, Initial public offerings, Unjust enrichment, Securities fraud, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Court grants objection to interrogatory seeking information about other insureds' claims, denies objection regarding other claims noticed by the insured's affiliates
    2011-05-20

    A United States Magistrate Judge in the United States District Court for the Western District of North Carolina has denied a motion to compel discovery of all claims for which the insurer had denied coverage based on the desire of an insolvent insured to forfeit coverage.Lane v. Endurance American Specialty Insurance Co., 2011 WL 1791343 (W.D.N.C. May 10, 2011). The court granted, however, the plaintiff’s motion to compel the insurer to provide information about all other claims noticed under the policies at issue.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Discovery, Motion to compel, Admissible evidence, Bad faith, Subsidiary, Business ethics, Collusion
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Refco bankruptcy court orders advancement of defense costs despite guilty pleas in criminal proceedings
    2008-05-06

    The United States Bankruptcy Court for the Southern District of New York has granted another preliminary injunction ordering an excess directors and officers liability insurer to advance defense costs, despite the fact that the insurer had denied coverage on the basis of a prior knowledge exclusion and three of the insured entity's principals have pled guilty to various offenses, including violations of the securities laws. Murphy v. Allied World Assurance Co. (U.S.), Inc. (In re Refco, Inc.), No. 08-01133 (Bankr. S.D.N.Y. Apr. 21, 2008).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Security (finance), Preliminary injunction, Summary offence, Admissible evidence, Liability insurance, Indictment, Initial public offering, Unjust enrichment, Securities fraud, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Appeals from disallowances of claims by trustees: true appeals or hearings de novo?
    2011-03-14

    One of the duties of a trustee is to examine each claim presented by a potential creditor of the
    bankrupt and to determine whether such a claim is valid. A trustee is entitled, under
    subsection 135(2) of the BIA, to disallow any claim, priority or security that it finds unproven or
    invalid. In the event that a creditor’s claim is disallowed by a trustee, that creditor is entitled to appeal that decision to the superior court in the province. A creditor has 30 days after the
    receipt of the trustee’s reasons for disallowance to file an appeal, although an extension may be

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Discovery, Standard of review, Admissible evidence, Trustee
    Authors:
    Christopher J. Ramsay
    Location:
    Canada
    Firm:
    Dentons

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