In Carey v Korda [2012] WASCA 228, the Supreme Court of Western Australia Court of Appeal confirmed the rights of receivers to claim legal professional privilege. A little over a year ago, we considered the first instance judgment in a previous TGIF article.
THE BACKGROUND FACTS
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Summary
In Carey v Korda [2012] WASCA 228, the Western Australian Supreme Court of Appeal (Court) has provided a timely confirmation that legal advisers engaged by receivers to provide advice in relation to a receivership are properly viewed as advisers to the receivers as principal, and not the mortgagor company.
The decision will no doubt be welcomed by insolvency practitioners, as it confirms that the legal advice, and the right to invoke the associated privilege, belongs to the receivers, not the mortgagor company.
The recent Federal Court of Australia (Court) decision in KASH Aboriginal Corporation ICN 108 (Administrators Appointed) No 2 [2012] FCA 789 confirms that an administrator of a company who acts honestly and reasonably may be protected from personal liability for any debts incurred while carrying out an administration.
Background
The evidence before the court established that:
The recent Supreme Court of Victoria decision in Lofthouse v Environmental Consultants International Pty Ltd & Ors [2012] VSC 416 outlines the factors the Court will take into account when considering whether to make a pooling order and considers when a liquidator may be remunerated out of the assets of pooled companies.
Background
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