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    Stripping an administrator of his appointment
    2016-06-30

    In Australian Securities & Investment Commission v Planet Platinum Ltd [2016] VSC 120, the Australian Securities and Investment Commission (ASIC) sought, and was granted, a declaration from the Supreme Court of Victoria that the appointment of the administrator of Planet Platinum Ltd (Planet Platinum) was invalid and of no effect. 

    Filed under:
    Australia, Victoria, Capital Markets, Insolvency & Restructuring, Litigation, Buddle Findlay, Victoria Supreme Court
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    Australia
    Firm:
    Buddle Findlay
    Liquidator's disclaimer of lease upheld by Australian High Court
    2013-12-13

    In our September 2012 insolvency update, we reported on Re Willmott Forests Ltd [2012] VSC 29, where the Victorian Court of Appeal found that a leasehold interest in land is extinguished by a liquidator's disclaimer of the lease pursuant to section 568(1) of the Australian Corporations Act 2001 (Cth).

    Filed under:
    Australia, New Zealand, Victoria, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Leasehold estate, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court, High Court of Australia
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay
    When can a secured creditor appoint an administrator?
    2011-04-04

    The Supreme Court of Victoria has recently given some guidance on when a secured creditor who is entitled to enforce a charge over "the whole, or substantially the whole of the company's property" can validly appoint a company administrator.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Buddle Findlay, Secured creditor, Victoria Supreme Court
    Location:
    Australia
    Firm:
    Buddle Findlay
    Personal Property Securities Act: are credit applications "transitional security agreements"?
    2014-03-17

    In the recent Victorian Supreme Court decision of Central Cleaning Supplies (Aust) Pty Ltd v Elkerton and Young (in their capacity as joint and several liquidators of Swan Services Pty Ltd (in liquidation))[1], the Supreme Court considered the issue of whether the Plaintiff's credit application signed by Swan Services Pty Ltd (Swan Services) before 30 January 2012 was a 'transitional security agreement' within the meaning of that term in the Personal Property Securities Act 2009&nbsp

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Baker McKenzie, Victoria Supreme Court
    Authors:
    Peter Lucarelli , Heather Sandell
    Location:
    Australia
    Firm:
    Baker McKenzie
    NSW Court of Appeal Finds a Decision 'Plainly Wrong'
    2019-03-12

    There is now a divergence between New South Wales and Victorian authority on whether a company in liquidation may make a claim under Security of Payment legislation. The common law position in NSW is now that a company in liquidation can bring a Security of Payment claim. This decision will be rendered somewhat academic in NSW following enactment of legislation to come into force on a (currently unspecified) date in 2019 which has the effect of overriding this decision.

    Filed under:
    Australia, New South Wales, Victoria, Insolvency & Restructuring, Litigation, Baker McKenzie, Corporations Act 2001 (Australia), Victoria Supreme Court, New South Wales Court of Appeal
    Location:
    Australia
    Firm:
    Baker McKenzie
    Breaches of the Code of Banking Practice result in a challenge to the enforcement of a guarantee
    2016-07-08

    This week’s TGIF considers the most recent decision in a line of cases which hold that the provisions of the Code of Banking Practice may be incorporated into loan agreements, as well as guarantees given by individuals.

    BACKGROUND

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Contractual term, Shareholder, Surety, Debtor, Breach of contract, Discovery, Joint venture, Warranty, National Australia Bank, Commonwealth Bank, Victoria Supreme Court, Court of Appeal of England & Wales
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Improper Motives - Court invalidates appointment of administrator
    2016-04-15

    Victorian Supreme Court rules that the appointment of an administrator was invalid, void and of no effect because the directors did not genuinely believe the company was insolvent and appointed the administrator for an improper purpose.  

    BACKGROUND

    Filed under:
    Australia, Victoria, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Victoria Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Court declares a clear creditor-defeating disposition under new anti-phoenixing legislation
    2022-06-03

    This week's TGIF considers In the matter of Intellicomms Pty Ltd (in liq) [2022] VSC 228, in which Associate Justice Gardiner found that a Sale Agreement disposing of key assets to a related entity on the day of appointment of liquidators constituted a creditor-defeating disposition and therefore able to be set aside.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidator (law), Corporations Act 2001 (Australia), Treasury Laws Amendment (Combatting Illegal Phoenixing) Act 2020 (Australia), Victoria Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Victorian Supreme Court considers whether the granting of security to avoid threatened litigation against a third party constitutes an “uncommercial transaction”
    2015-02-27

    640 Elizabeth Street Pty Ltd (in liq) & Ors v Maxcon Pty Ltd [2015] VSC 22 confirms that the granting of security by a company to avoid a proceeding against a related company will not necessarily constitute an “uncommercial transaction”.

    BACKGROUND

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Victoria Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 4 September 2020 - Stand down: Court approves compromise of preference claim when validity of appointment challenged
    2020-09-04

    This week’s TGIF examines a decision of the Supreme Court of Victoria in which an unfair preference claim was defended on the basis that the liquidators had been invalidly appointed and lacked standing to continue the proceeding.

    Key takeaways

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Victoria Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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