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    Insolvency & Restructuring Case Summaries
    2024-03-12

    The Supreme Court of NSW refused to validate the appointment of a voluntary administrator (Administrator) to Premier Energy Resources Pty Ltd (Company) under section 447A of the Corporations Act 2001 (Cth) (Act) after the Administrator failed to investigate allegations of fraud surrounding his appointment.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Section 588FDA: indirect benefits to directors risk voiding a mortgage transaction
    2024-02-06

    Cooper as liquidator of Runtong Investment and Development Pty Ltd (in liq) v CEG Direct Securities Pty Ltd [2024] FCA 6

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Financial Conduct Authority (UK)
    Authors:
    Pravin Aathreya
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Liquidator's remuneration vs employee creditors: who gets priority to circulating assets?
    2023-12-04

    Commonwealth of Australia v Tonks [2023] NSWCA 285

    In this decision, the Court of Appeal of the Supreme Court of NSW considered the interplay between the priority regimes under ss 556 and 561 of the Corporations Act 2001 (Cth) (Act) in resolving a contest between a liquidator’s claim for remuneration and the entitlements of former employees to be paid out of circulating assets.

    The Court of Appeal confirmed the first instance decision of Justice Black in finding that:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Corporations Act 2001 (Australia)
    Authors:
    Sam Johnson , Emily Barrett
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Present solvency and future debt: the relevance of future debt in determining solvency
    2023-11-26

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Corporations Act 2001 (Australia), New South Wales Court of Appeal
    Authors:
    Sam Johnson , Emily Barrett
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    National airline granted foreign state immunity against a winding up application
    2023-09-11

    Case Name & Citation

    Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2023] NSWCA 134 per Bell CJ, Meagher JA, Kirk JA

    Hyperlink

    https://jade.io/article/1033363?at.hl=Greylag+Goose+Leasing+1410+ Designated+Activity+Co+v+PT+Garuda+Indonesia+Ltd

    Date of Judgment

    14 June 2023

    Issues

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Corporations Act 2001 (Australia), New South Wales Court of Appeal
    Authors:
    Pravin Aathreya
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    No more s 588FL vesting for security interests granted post appointment: Cubic Interiors NSW & Ors
    2023-06-27

    A decision which insolvency practitioners will welcome in, Cathro, in the matter of Cubic Interiors NSW Pty Ltd (In Liq) [2023] FCA 694, the Federal Court clarified that s588FL of the Corporations Act 2001 (Cth) (the Act) does not cover security interests granted by a security agreement made after the “critical time” as defined in s588FL(7) of the Act.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Liquidation, Financial Conduct Authority (UK), National Australia Bank, Corporations Act 2001 (Australia)
    Authors:
    Joseph Scarcella , Emily Barrett
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Gunns: peak indebtedness is shot
    2023-02-08

    Co-author: Ben  Gibson, Barrister, Victorian Bar

    Case Name:Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2

    Issues: Voidable transactions and unfair preferences: abolition of the peak indebtedness rule, the existence of a continuing business relationship.

    The abolition of the peak indebtedness rule will likely reduce the quantum of unfair preference claims where there is a running account and render some claims unviable for further pursuit.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Corporations Act 2001 (Australia)
    Authors:
    Pravin Aathreya , Paul Buitendag
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Insolvency & Restructuring Case Summaries 2021 - 2022
    2022-12-30

    Introduction for Insolvency & Restructuring Case Summaries 2021-2022 It gives us great pleasure to introduce our Insolvency & Restructuring Case Summaries 2021-2022.

    This is the first year that we have published a collated version of the Case Summaries in addition to our regular insolvency InFocus updates. The Case Summaries have been produced in response to feedback that this would be a useful resource.

    Filed under:
    Australia, New South Wales, Queensland, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Litigation, Johnson Winter Slattery, Blockchain, Mediation, Liquidation, Due diligence, Cryptocurrency, Agribusiness, Coronavirus, Insolvency, Australian Taxation Office, Australian Securities and Investments Commission, New South Wales Supreme Court
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Gunning for it: Peak Indebtedness in the spotlight
    2022-09-23

    In significant news for the insolvency industry, the High Court will hear the long-awaited Gunns Group preference claim appeal in Bryant & Ors v Badenoch Integrated Logging (A10/2022) on 18 October 2022.

    Johnson Winter & Slattery act for PwC, the appellant liquidators of the Gunns group, in the proceeding.

    Briefly stated, the grounds for the appeal are:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Insolvency
    Authors:
    Pravin Aathreya , Paul Buitendag
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Court Rejects Proposed Appointment of Special Purpose Liquidators
    2022-06-16

    In its recent judgment in Re Jabiru[1], the Supreme Court of New South Wales applied principles governing the appointment of Special Purpose Liquidators (SPL) in rejecting the Plaintiffs’ application for a SPL to be appointed to pursue claims against secured lenders.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery
    Authors:
    Pravin Aathreya
    Location:
    Australia
    Firm:
    Johnson Winter Slattery

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