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    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
    Immunity upheld for foreign entities against Australian wind-up
    2024-06-20

    High Court upholds decision that separate entities of foreign states may be immune from being wound up in Australia

    Key takeouts

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, MinterEllison, High Court of Australia, New South Wales Court of Appeal
    Authors:
    Nick Anson
    Location:
    Australia
    Firm:
    MinterEllison
    High Court says keep calm and don't get wound up (if you have foreign immunity)
    2024-06-27

    In this week’s TGIF, we examine the High Court’s recent decision in Greylag Goose Leasing 1410 Designated Activity Company & Anor v P T Garuda Indonesia Ltd [2024] HCA 21. In the decision, a majority of the High Court upheld the New South Wales Court of Appeal decision that foreign state immunity extends to a state-owned national airline subject to winding-up proceedings.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Private equity, Corporations Act 2001 (Australia), Foreign States Immunities Act 1985 (Australia), New South Wales Court of Appeal
    Authors:
    Alicia Salvo
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Webinar Q&As: 2024 ‘The Dynamic Board’ Series | Sailing close to the rocks: When is it time to look for a Safe Harbour? Board responsibilities when insolvency looms
    2024-05-17

    1. Is a letter of support from your immediate holding company sufficient to satisfy the solvency test?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, New South Wales Court of Appeal
    Authors:
    James Macdonald , Michael Lhuede
    Location:
    Australia
    Firm:
    Piper Alderman
    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
    Sovereign immunity foils an insolvency lawsuit by aircraft lessor Greylag Goose
    2023-08-14

    The NSW Court of Appeal has allowed Garuda Indonesia to invoke sovereign immunity to foil an insolvency proceeding brought by aircraft lessor Greylag Goose Leasing.

    The Court’s decision is Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2023] NSWCA 134 (14 June 2023) (Bell CJ, Meagher JA and Kirk JA agreeing).

    Filed under:
    Australia, New South Wales, Aviation, Banking, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Cordato Partners, Bankruptcy, Sovereign immunity, Leases, Australian Law Reform Commission, Foreign States Immunities Act 1985 (Australia), New South Wales Court of Appeal
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Winding up applications can take a flight: Court of Appeal finds that foreign state immunity extends to a national airline
    2023-07-13

    Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd

    In a decision that appears to be the first of its kind, the NSW Court of Appeal has found that a national airline should be afforded foreign State immunity against a winding up application.

    Key points:

    Filed under:
    Australia, Aviation, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Corporations Act 2001 (Australia), Foreign States Immunities Act 1985 (Australia), New South Wales Court of Appeal
    Authors:
    Daniel MacPherson , Jia Lee
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Appeal dismissed in creditor attempt to wind up foreign state airline
    2023-07-06

    In a recent case involving PT Garuda, the national airline of Indonesia, the New South Wales Court of Appeal dismissed an appeal by two creditors seeking to wind-up the airline, concluding that PT Garuda enjoyed immunity under the Foreign States Immunities Act 1985 (Cth).

    Key takeaways

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Foreign States Immunities Act 1985 (Australia), New South Wales Court of Appeal
    Authors:
    Michael Kimmins , Daniel Byrne
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    What happens when your commercial tenant becomes insolvent? Two cautionary tales for landlords
    2023-06-27

    Most landlords seek advice prior to entering a commercial lease.

    But, as the cautionary tales in this article suggest, if the tenant goes into administration or liquidation, landlords would be wise to seek specialist advice. The lesson is simple: a landlord should not lightly assume that the appointment of an administrator or liquidator implies the end of the lease or a right to re-enter the premises.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Moulis Legal, Commercial tenant, Insolvency, Corporations Act 2001 (Australia), New South Wales Court of Appeal
    Location:
    Australia
    Firm:
    Moulis Legal
    A new test for insolvency? Court of Appeal weighs in on the relevance of future payable debts
    2023-06-12

    Understanding whether a company is insolvent, and the date of insolvency, is essential for directors and accountants who advise companies, as well as liquidators and other parties bringing insolvency-based claims. In understanding these issues, the analysis may need to go beyond establishing present-day liquidity – for example, what impact do long term-debts have on a company’s solvency and how are they used to prove insolvency? Which debts are relevant to the cashflow test? Whether a company is ‘able to pay all its debts’ as and when they become ‘due and payable’?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Debtor, Liquidation, Creditors' rights, Disputes, Insolvency, Corporations Act 2001 (Australia), New South Wales Court of Appeal
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal

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