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    Effect of liquidator’s disclaimer of a lease
    2012-09-07

    The recent decision of the Victorian Court of Appeal in Re Willmott Forests Limited (Receivers and Managers appointed) (in liquidation) [2012] VSCA 202 gives liquidators comfort when disclaiming leases (as the liquidator of a landlord) pursuant to s 568(1) of the Corporations Act 2001 (Cth) (‘the Act’).

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Real Estate, King & Wood Mallesons, Leasehold estate, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court
    Authors:
    Joanne Cameron , Patricia Matthews
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Winding up insurers - priority payment of reinsurance proceeds
    2011-06-27

    Amaca Pty Ltd v McGrath & Anor as liquidators of HIH Underwriting and Insurance (Australia) Pty Ltd [2011] NSWSC 90

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, King & Wood Mallesons, Share (finance), Debt, Liability (financial accounting), Reinsurance, Liquidation, Underwriting, Liquidator (law), Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Consolidations and winding ups
    2011-06-27

    Over the past few months there have been a number of insurance portfolio transfers and a winding up of a general insurer.  Various judges of the Federal Court have considered aspects of the Insurance Act (Cth) 1973.

    Portfolio transfers

    There have been two scheme transfers of insurance portfolios from Australian branches of overseas insurers to Australian subsidiaries.  While objections to the transfers were raised, the Federal Court confirmed the schemes.

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, King & Wood Mallesons, Reinsurance, Liquidation, Holding company, Constitutional amendment, Corporations Act 2001 (Australia), American International Group, Federal Court of Australia
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Royal Court recognises appointment of English fixed charge receivers
    2013-02-08

    Ogier has successfully applied for the recognition by the Royal Court of Jersey of English fixed charge receivers.  The decision of the Court in Re Estates and General Developments Limited1 is the first time that such an appointment has been recognised in Jersey.

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Conflict of laws, Liquidation, Courts of Jersey
    Location:
    Jersey
    Firm:
    Ogier
    Public Services Department v Miller & Baird (CI) Ltd
    2009-07-09

    (judgment 22/2009)

    This case concerned whether the English Court of Appeal decision in Re Bayoil S.A. (the “Bayoil Case”) would be persuasive in Guernsey and how the Royal Court of Guernsey should exercise its discretion under section 406 of the Companies (Guernsey) Law 2008 (the “Law”).  

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Ogier, Debt, Legal burden of proof, Liquidation, Prejudice, Court of Appeal of England & Wales
    Location:
    Guernsey
    Firm:
    Ogier
    In the matter of Amazing Global Technologies Limited (in liquidation) and in the matter of Kingston Management (Guernsey) Limited (in liquidation) and in the matter of the Companies (Guernsey) Law, 2008 (as amended)
    2013-02-06

    Alan Roberts (the Liquidator) was the liquidator of both Kingston Management (Guernsey) Limited (KMGL) and Amazing Global Technologies Limited (AGTL).  He was appointed on 27 May 2009 and 31 May 2010 respectively. 

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Ogier, Liquidation
    Authors:
    Simon Davies , Mathew Newman
    Location:
    Guernsey
    Firm:
    Ogier
    Flightlease Holdings (Guernsey) Limited and Flightlease (Ireland) Limited
    2009-07-09

    (Judgment 3/2009)  

    The liquidators of Flightlease (Guernsey) Limited (“FLGL”) applied to the Court for an order that no dividends be paid in the liquidation of FLGL to Flightlease (Ireland) Limited (“FLI”) in respect of guarantees given by  

    FLGL in respect of FLI’s liabilities. FLI’s liabilities to FLGL were outweighed by the liabilities owed in the opposite direction.  

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Ogier, Dividends, Consideration, Liability (financial accounting), Liquidation
    Authors:
    Simon Davies
    Location:
    Guernsey
    Firm:
    Ogier
    Insolvency of Guernsey companies
    2013-01-17

    Introduction

    If a company is insolvent, it is either not able to pay its debts as they fall due, or its assets are less than its liabilities.  An investor/creditor will have the ability to put the company into a formal insolvency procedure and, in most cases, appoint an independent third party to take control of the assets and investigate the conduct of the company’s directors, managers and other controlling functionaries.  Defined terms in this article are the same as the terms which were defined in the potential causes of action article.

    Filed under:
    Guernsey, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Debt, Liquidation, Balance sheet
    Authors:
    Simon Davies
    Location:
    Guernsey
    Firm:
    Ogier
    Exempted limited partnerships: winding up, dissolution and other changes
    2009-04-30

    The Exempted Limited Partnership (Amendment) Law, 2009, which was enacted in March 2009 and is expected to come into effect before the end of April 2009, has made significant changes to the regime for the winding up and dissolution of exempted limited partnerships (“Partnerships”). The opportunity has also been taken to clarify certain other provisions of the Exempted Limited Partnership Law (2007 Revision) (“ELP Law”).  

    Winding Up and Dissolution  

    Filed under:
    Cayman Islands, Company & Commercial, Insolvency & Restructuring, Ogier, Contractual term, Bankruptcy, Limited partnership, Liquidation, Dissolution (law), Articles of partnership, Constitutional amendment
    Location:
    Cayman Islands
    Firm:
    Ogier
    Representation of Maltese Holdings Limited and Zollinger Investments Limited [2012] JRC 172: preserving parity between creditors
    2012-12-04

    This case considers the ability of the Court to ensure that similarly ranked creditors of a debtor are treated equally prior to the commencement of any insolvency procedure including a just and equitable winding up application.

    Background

    Mr Breifne O'Brien lives in Ireland. In 2008 and 2009 a number of creditors in that jurisdiction obtained judgments against him in the Irish High Court. The Irish Court injuncted Mr O'Brien from dealing with his assets within or without the jurisdiction below €20,000 million.

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Debtor, Liquidation
    Location:
    Jersey
    Firm:
    Ogier

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