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    TGIF 2 August 2019: Putting to rest questions on the realisation of trust assets
    2019-08-02

    This week’s TGIF considers the decision in Cremin, in the matter of Brimson Pty Ltd (In Liquidation) [2019] FCA 1023, which confirms that liquidators should approach the Court before taking steps to realise trust assets.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Corrs Chambers Westgarth, Commonwealth Bank, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Cameron Cheetham , Craig Ensor , Felicity Healy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Separate but (not) equal: High Court decision in Amerind confirms trust funds to be held separate and statutory priorities apply
    2019-06-30

    The eagerly anticipated judgment in Amerind (Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20) was handed down by the High Court yesterday after the High Court heard the matter in early February of this year. Mills Oakley acts for the Receivers who sought the directions given by the Court.

    In three separate judgments, the High Court dismissed the appeal by Carter Holt Harvey, with the key findings as follows:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Mills Oakley, Commonwealth Bank, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Ariel Borland , Dean Brayley
    Location:
    Australia
    Firm:
    Mills Oakley
    Out of country not necessarily out of jurisdiction
    2012-12-07

    The recent Federal Magistrate’s decision in Commonwealth Bank of Australia v Oswal [2012] FMCA 1082 reminds us that leaving a jurisdiction does not mean leaving your business behind, including the business of paying debts.

    Background

    Mr Oswal guaranteed a loan of $27 million from the Commonwealth Bank of Australia (CBA) to Garuda Aviation Pty Ltd (Garuda) for the purchase of a jet plane.  Mr Oswal was, and remains, a director of Garuda.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Debt, Commonwealth Bank
    Authors:
    Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Liquidator Remuneration Update - The consequences of the Sakr Saga
    2017-04-12

    Back in March 2017 the NSW Court of Appeal handed down the unanimous decision in Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr [2017] NSWCA 38 (Sakr), reigning in Brereton J’s application of proportionality to liquidator’s remuneration. This week the decision of in the matter of Australian Company Number 074 962 628 Pty Ltd (in liq) (formerly Colonial Staff Super Pty Ltd) [2017] NSWSC 370 (Colonial Super) was handed down by the NSW Supreme Court. The decision is notable as one of the first applications of the principles enunciated in the Sakr decision. 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, McCabe Curwood, Commonwealth Bank, Corporations Act 2001 (Australia)
    Authors:
    Andrew Lacey , Luke Dominish
    Location:
    Australia
    Firm:
    McCabe Curwood
    Breaches of the Code of Banking Practice result in a challenge to the enforcement of a guarantee
    2016-07-08

    This week’s TGIF considers the most recent decision in a line of cases which hold that the provisions of the Code of Banking Practice may be incorporated into loan agreements, as well as guarantees given by individuals.

    BACKGROUND

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Contractual term, Shareholder, Surety, Debtor, Breach of contract, Discovery, Joint venture, Warranty, National Australia Bank, Commonwealth Bank, Victoria Supreme Court, Court of Appeal of England & Wales
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Does a breach of clause 25.1 of the code of banking practice render a guarantee void? It appears not
    2016-02-12

    This week’s TGIF considers the decision of Commonwealth Bank of Australia v Currey in which the Court looks at whether a breach of clause 25.1 of the Code of Banking Practice renders a guarantee void or voidable.

    BACKGROUND

    A bank lent money to a family company, which was secured by personal guarantees provided by the applicants. 

    Filed under:
    Australia, Queensland, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Breach of contract, Commonwealth Bank
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Change of position – ‘disenrichment’ principle not accepted
    2014-05-26

    Australian Financial Services and Leasing Pty Ltd v Hills Industries Limited  [2014] HCA 14

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Commonwealth Bank, High Court of Australia
    Authors:
    Karen J Le Faucheur
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Breaches of the Code of Banking Practice result in a challenge to the enforcement of a guarantee
    2016-07-08

    This week’s TGIF considers the most recent decision in a line of cases which hold that the provisions of the Code of Banking Practice may be incorporated into loan agreements, as well as guarantees given by individuals.

    BACKGROUND

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Contractual term, Shareholder, Surety, Debtor, Breach of contract, Discovery, Joint venture, Warranty, National Australia Bank, Commonwealth Bank, Victoria Supreme Court, Court of Appeal of England & Wales
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Does a breach of clause 25.1 of the code of banking practice render a guarantee void? It appears not
    2016-02-12

    This week’s TGIF considers the decision of Commonwealth Bank of Australia v Currey in which the Court looks at whether a breach of clause 25.1 of the Code of Banking Practice renders a guarantee void or voidable.

    BACKGROUND

    A bank lent money to a family company, which was secured by personal guarantees provided by the applicants. 

    Filed under:
    Australia, Queensland, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Breach of contract, Commonwealth Bank
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
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