5-11-18 / Anthony Messina — Corporate Insolvency & Bankruptcy
In this bankruptcy matter, Pioneer Credit Acquisition Services Pty Ltd sought a sequestration order against the respondent, Brett John Hayes, concerning a credit card debt originally owed to the Commonwealth Bank of Australia. The creditor’s petition was heard on 31 October 2018. Opposing sequestration, the respondent argued that the petitioning…
30-7-18 / Anthony Messina — Corporate Insolvency & Bankruptcy
This case was an appeal from a judgment of the Federal Circuit Court of Australia ordering that a sequestration order be made against the appellant’s estate pursuant to s 52 of the Bankruptcy Act 1966 (Cth). At first instance, a lengthy, confusing and circular exchange occurred between the primary judge…
6-7-18 / Anthony Messina, Michael May — Corporate Insolvency & Bankruptcy, Corporations
The plaintiffs obtained a judgment that was more favourable than a formal offer that had been made under the rules. The defendant sought to persuade the judge not to order indemnity costs on the basis that the plaintiffs’ pleaded case had been amended after the offer. His Honour found that…
15-6-18 / Anthony Messina, Michael May — Contract, Corporate Insolvency & Bankruptcy, Corporations
Lineville Pty Ltd (in liquidation) as trustee sold goods supplied by H.A.G. Import Corpn. (Australia) Pty Ltd. The terms and conditions of sale granted HAG a security interest in Lineville’s inventory and proceeds. During the relation-back period, Lineville made various payments to HAG for goods it had supplied. Lineville’s liquidators…
20-12-16 / Anthony Messina — Commercial Equity, Corporate Insolvency & Bankruptcy
Whether a beneficiary under a discretionary trust has a proprietary interest in the trust property, which may be considered ‘property’ for the purposes of the Bankruptcy Act 1966 (Cth), when the beneficiary has effectively controlled the trustee’s power of selection. Whether a trustee in bankruptcy of a beneficiary of a discretionary trust has…
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