5-9-24 / Sean Russell — Corporations, Corporate Insolvency & Bankruptcy
The case Yang v Wong, in the matter of Axis North Pty Ltd [2024] FCA 1017 involved an interlocutory application related to the liquidation process of Axis North Pty Ltd. The court's decision addressed issues regarding the conduct of the liquidation, specifically the roles and actions of the receiver and…
23-8-24 / Matthew Hickey OAM — Contract, Corporate Insolvency & Bankruptcy, Corporations
The Queensland Supreme Court addressed a dispute concerning the enforcement of a Deed of Company Arrangement (DOCA). The court found that PCA (Qld) Pty Ltd had not complied with the DOCA's terms. It was concluded that the plaintiff, Destination Brisbane Consortium, was entitled to remedies due to this non-compliance. The…
16-8-24 / Matthew Jones KC — Corporations, Corporate Insolvency & Bankruptcy
In a claim for recovery of an unfair preference, issues arose as to the adequacy of an insolvency report prepared by the liquidator who brought the claim and as to whether, in the context of the commercial events occurring at the time of the payment, the company was insolvent at…
9-8-24 / Matthew Jones KC — Corporate Insolvency & Bankruptcy
Liquidators of a labour hire firm alleged that a corporate adviser who had devised and implemented a corporate restructure was liable to pay damages under section 588M(2) and section 1317H of the Corporations Act 2001. One of the issues in the case was whether the judgment should be staggered or…
30-7-24 / James Green — Corporate Insolvency & Bankruptcy, Corporations
James Green (led by Mr W Edwards KC) appeared for the applicants, instructed by Piper Alderman.
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