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Liquidators – green light to join insurers

Thinking| 23 Feb 2016

Liquidators – green light to join insurers

In a decision which potentially increases the assets available to liquidator and bankruptcy trustee plaintiffs, the High Court in CGU Insurance v Blakeley1 has recently determined that plaintiffs may seek to join insurers to proceedings in circumstances where indemnity under ...

Secured creditors and unfair preference claims – appeal allowed from Tap Inn decision

Thinking| 23 Dec 2015

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. At the time we noted that the decision was subject to appeal, ...

Take all reasonable care – the Victorian Court of Appeal confirms its approach when reviewing sales of charged assets conducted by receivers

Thinking| 30 Apr 2015

Take all reasonable care – the Victorian Court of Appeal confirms its approach when reviewing sales of charged assets conducted by receivers

The Court of Appeal of the Supreme Court of Victoria in Boz One Pty Ltd v McLellan has recently confirmed that it will adopt a commercial approach to assessing the conduct of receivers. A private sale of charged assets will ...

Trust isn’t easy – the High Court confirms that a trust will not be readily inferred in contractual commercial arrangements

Thinking| 10 Mar 2015

Trust isn’t easy – the High Court confirms that a trust will not be readily inferred in contractual commercial arrangements

Secured creditors and liquidators are often met with the assertion that funds or property owned by a company that would otherwise be available for distribution to secured or unsecured creditors, are actually held on trust for someone else. If the ...

Contribution guaranteed – the High Court reaffirms the right to contribution between guarantors

Thinking| 18 Feb 2015

Contribution guaranteed – the High Court reaffirms the right to contribution between guarantors

Where a loan is guaranteed by multiple parties, a lender will often issue demands and then commence proceedings against all guarantors. If a guarantor pays more than its equal share of the debt, it will generally have a right to ...