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    Company administrators, be warned: seeking review of capped remuneration
    2010-12-16

    Under section 449E(2) of the Corporations Act 2001 (Cth), the Court may review the remuneration of the administrator of a company on the application of the administrator. In the recent decision of Paul’s Retail Pty Ltd v Morgan, the New South Wales Court of Appeal considered the issue of whether an administrator could be precluded from access to the abovementioned statutory provision for the review by the Court of remuneration already determined.

    The Facts

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Piper Alderman, Shareholder, Estoppel, Corporations Act 2001 (Australia)
    Authors:
    Malcolm Quirey
    Location:
    Australia
    Firm:
    Piper Alderman
    Personal liability of receivers in Australia
    2010-12-17

    The New South Wales Supreme Court decision in Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 3) examined the Australian statutory provision that is broadly equivalent to s 32(5) of the Receiverships Act (NZ).

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    Australia
    Firm:
    Buddle Findlay
    Litigation for groups in liquidation
    2010-07-29

    Law clerk, Myles Engelen, discusses the decision of the Supreme Court of New South Wales, in McGrath & Anor re HIH Insurance Ltd approving a proposal to use excess assets of some members of the group to fund claims by the group members.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Piper Alderman, Conflict of interest, Confidentiality, Shareholder, Fiduciary, Interest, Liquidation, Balance sheet, Liquidator (law), Australian Prudential Regulation Authority, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Piper Alderman
    How far can a creditor push a distressed company?
    2010-03-31

    The law of "shadow directors" means that a person who effectively controls a board of a company, even though that person is not a director, may find himself being legally classified as a director of the company. That carries with it the threat of legal liability for the company's insolvent trading debts in the event that the company goes into liquidation.

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Board of directors, Debt, Liquidation, Liquidator (law), Apple Inc
    Location:
    Australia
    Firm:
    Clayton Utz
    Shareholder class action claimants entitled to “just estimate” of claims for voting purposes.
    2018-04-05

    On 24 August 2017, Messrs Park, Olde and Hansell were appointed joint and several administrators of SurfStitch Group Limited. Prior to their appointment, two shareholder class actions were commenced against SurfStitch. The administrators identified 3,313 shareholders who may be potential group members in the class actions.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, McCabe Curwood, Corporations Act 2001 (Australia)
    Authors:
    Andrew Lacey , Nathan Jones
    Location:
    Australia
    Firm:
    McCabe Curwood
    Left in the dark - Seeking to appoint a voluntary administrator when Board relations crumble
    2018-04-06

    This week’s TGIF considers the case ofIn the matter of Bean and Sprout Pty Ltd [2018] NSWSC 351, an application seeking a declaration as to the validity of the appointment of a voluntary administrator.

    What happened?

    On 7 December 2018, Mr Kong Yao Chin (Chin) was purportedly appointed as the voluntary administrator of Bean and Sprout Pty Ltd (Company) by a resolution of the Company.

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Board of directors, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Sam Delaney , Estelle Blewett , Michelle Dean , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Victorian Court of Appeal in Façade Treatment Case was "Plainly Wrong"
    2018-04-06

    What you need to know in light of Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq)

    The NSW Supreme Court recently handed down its decision in the matter of Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq); Ostwald Bros Pty Ltd (in liq) v Seymour Whyte Constructions Pty Ltd [2018] NSWSC 412, in which K&L Gates represented Seymour Whyte. The decision sheds light on numerous issues, including:

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Litigation, K&L Gates LLP, New South Wales Supreme Court
    Authors:
    Sandra Steele , Michael O'Callaghan
    Location:
    Australia
    Firm:
    K&L Gates LLP
    Administrator wipeout! Claimants stoked as Court dumps nominal value for class action claims
    2018-03-02

    This week’s TGIF considers In the matter of SurfStitch Group Limited [2018] NSWSC 164, where the Court refused to allow administrators to value claims of class action group members at a nominal $1 for voting at the second creditors’ meeting.

    What happened?

    On 11 December 2017, the administrators of SurfStitch filed an application seeking orders:

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Shareholder, Class action
    Authors:
    Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Two retail tenancy failures expose directors who gave their personal guarantees to the landlord to ruinous losses
    2018-02-27

    Two NSW Court of Appeal decisions in two months have upheld orders made against directors of a corporate tenant to pay $3,537,040.50 in one case, and $602,178.35 in the other, as damages for the landlord’s loss of rent and make good expenses, as a result of failed retail tenancies.

    The decisions are:

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, Cordato Partners, New South Wales Court of Appeal
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Priority for Employment Entitlements in an Insolvency Protected: Statutory Priority Regimes Applies to Trading Trusts
    2018-02-28

    Since the decision of the Supreme Court of New South Wales in Re Independent [2016] NSWSC 106, there has been doubt about whether receivers and liquidators should apply the statutory priorities afforded to employee entitlements in sections 433, 561 and 556 of the Corporations Act 2001 (Cth) (Act) when distributing the assets of companies who have conducted their businesses as trusts.

    Filed under:
    Australia, New South Wales, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, King & Wood Mallesons
    Authors:
    Natalie Tatasciore , Rhea Thrift
    Location:
    Australia
    Firm:
    King & Wood Mallesons

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