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Not all that Glitters is Gold

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Not all that Glitters is Gold – Creditor Defeats Unfair Preference Claim   In the matter of Heavy Plant Leasing Pty Ltd (In Liquidation) (“HPL”) [2018] NSWSC 707 Brereton J has upheld the s 588FG(2)‘Good Faith’ defence run by defendant…

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S553 Liquidators be aware

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s553C Set-Offs – Liquidators Be Aware In a recent case funded by Pretium Funding, the Federal Court has re-affirmed its view that set-offs under s553C of the Corporations Act 2001 (Cth) (Act) can be used in certain circumstances to minimise unfair…

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Show me the money

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SHOW ME THE MONEY   In Hodgkinson, in the matter of Kupang Resources Ltd (Subject to Deed of Company Arrangement) [2017] FCA 1342, Markovic J recently dismissed an application to grant security for costs in a Public Examination.   The Facts…

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Battening Down the Hatches

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Battening Down the Hatches under the Insolvency Law Reform Act (ILRA): How to Resist a Request for Documents from Mr. Snoopy Creditor: Written by Dr. Garry Hamilton, Senior Legal Consultant at Taylor David Lawyers Introduction   It should now be…

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