Retention of title as a defence to an unfair preference claim

In the recent case of Dwyer & Ors and Davies & Ors v Chicago Boot Co Pty Ltd [2011] SASC 27, Chicago Boot claimed that certain payments made to it by two insolvent companies were not unfair preference payments, because of, amongst other defences, the purported application of a retention of title clause in relation to the supply of goods by Chicago Boot.

Filed under:
Australia, South Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Debtor, Unsecured debt, Interest, Debt, Liquidation, Liquidator (law), Title retention clause, Corporations Act 2001 (Australia), Supreme Court of the United States
Authors:
Paul James
Location:
Australia
Firm:
Clayton Utz
Security of payment Act of South Australia impliedly excludes certiorari on the ground of error of law on the face of the record

Maxcon Constructions Pty Ltd v Vadasz (No 2)

Significance

Filed under:
Australia, South Australia, Construction, Insolvency & Restructuring, Litigation, MinterEllison
Location:
Australia
Firm:
MinterEllison
Secured creditors and unfair preference claims - appeal allowed from Tap Inn decision

On 1 December 2015, we wrote about the decision of His Honour Judge Chivell of the District Court of South Australia in Matthews v The Tap Inn Pty Ltd [2015] SADC 108.

Filed under:
Australia, South Australia, Banking, Insolvency & Restructuring, Litigation, Hall & Wilcox
Authors:
Wayne Kelcey , Adrian Lasky , Katherine Payne , David Markham
Location:
Australia
Firm:
Hall & Wilcox