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    Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025
    2021-12-21

    In the case of Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 (Anchorage v Sparkes), the Supreme Court of NSW considered the obligations of company officers to sophisticated commercial lending entities, and whether company officers could be personally liable for making misleading statements.

    Significance

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Jacques Jacobs
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    Unveiling the puzzle: lenders' appeal falls flat as Arrium officers avoid personal liability
    2023-05-26

    In a recent decision, Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88, lenders to the Arrium Group, a company that collapsed, have lost their appeal regarding the personal liability of the Chief Financial Officer and Group Treasurer. The NSW Supreme Court had previously dismissed the lenders' claims, and the Court of Appeal has now affirmed that decision.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Due diligence, New South Wales Supreme Court , New South Wales Court of Appeal
    Authors:
    Liz Humphry , Tashreen Tourabaly
    Location:
    Australia
    Firm:
    Clayton Utz
    Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025
    2021-12-21

    In the case of Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 (Anchorage v Sparkes), the Supreme Court of NSW considered the obligations of company officers to sophisticated commercial lending entities, and whether company officers could be personally liable for making misleading statements.

    Significance

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Jacques Jacobs
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    Unveiling the puzzle: lenders' appeal falls flat as Arrium officers avoid personal liability
    2023-05-26

    In a recent decision, Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88, lenders to the Arrium Group, a company that collapsed, have lost their appeal regarding the personal liability of the Chief Financial Officer and Group Treasurer. The NSW Supreme Court had previously dismissed the lenders' claims, and the Court of Appeal has now affirmed that decision.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Due diligence, New South Wales Supreme Court , New South Wales Court of Appeal
    Authors:
    Liz Humphry , Tashreen Tourabaly
    Location:
    Australia
    Firm:
    Clayton Utz
    Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025
    2021-12-21

    In the case of Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 (Anchorage v Sparkes), the Supreme Court of NSW considered the obligations of company officers to sophisticated commercial lending entities, and whether company officers could be personally liable for making misleading statements.

    Significance

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Jacques Jacobs
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    Unveiling the puzzle: lenders' appeal falls flat as Arrium officers avoid personal liability
    2023-05-26

    In a recent decision, Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88, lenders to the Arrium Group, a company that collapsed, have lost their appeal regarding the personal liability of the Chief Financial Officer and Group Treasurer. The NSW Supreme Court had previously dismissed the lenders' claims, and the Court of Appeal has now affirmed that decision.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Due diligence, New South Wales Supreme Court , New South Wales Court of Appeal
    Authors:
    Liz Humphry , Tashreen Tourabaly
    Location:
    Australia
    Firm:
    Clayton Utz
    Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025
    2021-12-21

    In the case of Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 (Anchorage v Sparkes), the Supreme Court of NSW considered the obligations of company officers to sophisticated commercial lending entities, and whether company officers could be personally liable for making misleading statements.

    Significance

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Jacques Jacobs
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    Unveiling the puzzle: lenders' appeal falls flat as Arrium officers avoid personal liability
    2023-05-26

    In a recent decision, Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88, lenders to the Arrium Group, a company that collapsed, have lost their appeal regarding the personal liability of the Chief Financial Officer and Group Treasurer. The NSW Supreme Court had previously dismissed the lenders' claims, and the Court of Appeal has now affirmed that decision.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Due diligence, New South Wales Supreme Court , New South Wales Court of Appeal
    Authors:
    Liz Humphry , Tashreen Tourabaly
    Location:
    Australia
    Firm:
    Clayton Utz
    Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025
    2021-12-21

    In the case of Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 (Anchorage v Sparkes), the Supreme Court of NSW considered the obligations of company officers to sophisticated commercial lending entities, and whether company officers could be personally liable for making misleading statements.

    Significance

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Jacques Jacobs
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025
    2021-12-21

    In the case of Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 (Anchorage v Sparkes), the Supreme Court of NSW considered the obligations of company officers to sophisticated commercial lending entities, and whether company officers could be personally liable for making misleading statements.

    Significance

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Jacques Jacobs
    Location:
    Australia
    Firm:
    Clyde & Co LLP

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