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    Appointing a receiver to resolve internal quarrels within an Association
    2018-12-18

    Receiverships usually arise from a secured creditor exercising their rights under a loan contract or mortgage following a default. But even where no default occurs, the Supreme Court of New South Wales has jurisdiction to appoint a receiver to preserve the property of an association pending the resolution of a dispute about the management of the association’s property.

    Jurisdiction

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, McCabe Curwood, New South Wales Supreme Court
    Authors:
    Foez Dewan , Benjamin Brady
    Location:
    Australia
    Firm:
    McCabe Curwood
    You snooze, you lose - Court refuses to reinstate former directors when winding up almost complete
    2018-12-19

    In a recent case, Emmett AJA of the Supreme Court of New South Wales refused to make an order to terminate the winding up of an incorporated association. In this article, we re-examine the principles with which the Court will have regard when determining whether to exercise its discretion to terminate the winding up of a company or incorporated association.

    Background

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, McCabe Curwood, New South Wales Supreme Court
    Authors:
    Foez Dewan , Guy Lewis
    Location:
    Australia
    Firm:
    McCabe Curwood
    Deceitful Debtors - Acting in Bad Faith
    2018-10-02

    Protecting Creditors - Voiding Transactions using section 37A of the Conveyancing Act 1919 (NSW)

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, William Roberts Lawyers
    Authors:
    Robert Ishak
    Location:
    Australia
    Firm:
    William Roberts Lawyers
    How safe is the harbour for Security of Payment Act claimants?
    2018-10-10

    On 28 September 2018, the NSW Supreme Court in Greenwood Futures v DSD Builders (No. 2) [2018] NSWSC extended a stay of a judgment in favour of a contractor based upon a Security of Payment Act NSW (SOPA) adjudication on the basis that the contractor was at risk of insolvency. This is consistent with previous decisions of the court in similar circumstances.

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Litigation, Holding Redlich, Safe harbor (law), New South Wales Supreme Court
    Authors:
    Helena Golovanoff
    Location:
    Australia
    Firm:
    Holding Redlich
    DNP v NSW Trustee and Guardian
    2018-09-20

    Background Facts

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, MinterEllison, Debt, Trustee
    Authors:
    Shane Evans , Kate Plowman , Noelia Boscana
    Location:
    Australia
    Firm:
    MinterEllison
    Feel the pressure - liquidators’ appeal dismissed as third party payments unrecoverable as unfair preferences
    2018-07-20

    This week’s TGIF examines a recent decision of the New South Wales Court of Appeal in Hosking v Extend N Build Pty Limited [2018] NSWCA 149, which considered whether payments made by a third party to an insolvent company’s creditors could be recovered by the liquidator as unfair preferences.

    What happened?

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney , Estelle Blewett , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Beyond the written record: creditors granted access to documents produced in public examination
    2018-07-06

    This week’s TGIF considers In the matter of Arrium Limited [2018] NSWSC 747 in which the Court granted creditors access to documents produced in public examinations.

    What happened?

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney , Estelle Blewett , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Oops! Another PPSR disaster - OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21
    2018-06-05

    Introduction

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Litigation, MinterEllison
    Location:
    Australia
    Firm:
    MinterEllison
    Supreme Court confirms adjudicated payments do not need to be paid immediately to insolvent companies
    2018-04-17

    The New South Wales Supreme Court recently confirmed that an insolvent construction contractor is not able to immediately enforce its right to payment of an adjudication decision under the NSW Security of Payment legislation (Building and Construction Industry Security of Payment Act 1999 (NSW)) against another party which has an offsetting claim.

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Litigation, Lander & Rogers, New South Wales Supreme Court
    Authors:
    Amy Batchelor , Nicole Feeney , Lily Nguyen
    Location:
    Australia
    Firm:
    Lander & Rogers
    TGIF 7 August 2020 - Public examination for private gain: NSW Court of Appeal clarifies Court’s power to make examination orders
    2020-08-07

    This week’s TGIF considers the recent decision of the NSW Court of Appeal in the Arrium liquidation, where the Court set aside examination orders sought for the purpose of a possible shareholder class action.

    Key takeaways

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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