Cases - Level Twenty Seven Chambers

Top

All Cases

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…

Trenfield v HAG Import Corporation (Australia) Pty Ltd [2018] QDC 107

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…

Fordyce v Ryan [2016] QSC 307

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…

Clark v Matton Developments Pty Ltd [2016] QSC 251

24-10-16 / Anthony Messina — Insurance

An application to the Supreme Court for a declaration concerning the equitable remedy of discharge and exoneration in respect of a personal guarantee. Anthony Messina appeared for the first respondent.

Cases — Anthony Messina