15-5-23 / Anthony Messina — Corporate Insolvency & Bankruptcy
This proceeding concerned the liquidation of a company that was incorporated for the purpose of developing and operating a private hospital in Townsville. The company was placed into external administration owing creditors about AUD2.4m. A creditor of the company (Capital Options) in its capacity as an ‘eligible applicant’ authorised by…
28-4-23 / Anthony Messina — Corporate Insolvency & Bankruptcy
Anthony Messina appeared for the plaintiffs, instructed by Gilbert + Tobin. The judgment is published here.
18-11-21 / Anthony Messina — Corporate Insolvency & Bankruptcy
A liquidator applied for an order that he be appointed receiver of trust property for the purpose of enforcing the company’s right of indemnity and exoneration (as former trustee of the trust). The application was opposed by creditors and beneficiaries of the trust on the grounds of apprehended bias; an…
31-3-21 / Anthony Messina — Corporate Insolvency & Bankruptcy
Owners in an unhappy duplex fell into in dispute about the maintenance. The dispute was adjudicated, but the body corporate failed to comply with the order. The court appointed an administrator under s287 of the Body Corporate and Community Management Act 1997 (Qld) to bring the body corporate into compliance…
21-12-20 / Anthony Messina — Corporate Insolvency & Bankruptcy
In the liquidation of Cullen Group Australia Pty Ltd (in liq), the liquidator commenced a mothership proceeding against 29 respondents asserting that certain payments made by the company were unfair preferences. On 16 December 2020, Justice Martin determined the question of insolvency as a preliminary question. Succeeding on the preliminary…
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