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…
In the matter of Cullen Group Australia Pty Ltd (in liq) [2020] QPEC 63
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…
Pioneer Credit Acquisition Services Pty Ltd v Hayes [2018] FCCA 3144
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…
Hayes v Pioneer Credit Acquisition Services Pty Ltd [2018] FCA 1113
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…
Trenfield v HAG Import Corporation (Australia) Pty Ltd (No.2) [2018] QDC 129
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…
