A Wide Power

Court considers scope of s.90-15 On 6 June 2023, the New South Wales Court of Appeal handed down its decision in One T Development Pty Ltd v Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd [2023] NSWCA 120.�...

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R&D refund not circulating asset

Resilient Investment Group Pty Ltd v Barnet and Hodgkinson as Liquidators of Spitfire Corp Ltd (In Liq) [2023] NSWCA 118 In Resilient Investment Group Pty Ltd v Barnet and Hodgkinson as Liquidators of Spitfire Corp Ltd (In Liq) [...

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“Missed it by that much” – Bankrupt late by seven minutes

In an unreported decision of the Federal Court in Lamb v Sherman QUD 60 of 2023, NSD 450 of 2022, the Full Federal Court was referred an important question arising in an appeal against the making of a sequestration order. The q...

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A Question of Trust

Koprivnjak v Koprivnjak [2023] NSWCA 2 In Koprivnjak v Koprivnjak [2023] NSWCA 2, the New South Wales Court of Appeal dismissed an appeal concerning a dispute over a father's claim to the beneficial ownership of a property held b...

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My DOCA or no DOCA

The recent decision of Graham v GT Capital Partners [2023] WASC 163 concerned an application by a former director of a company in administration for an injunction restraining the effectuation of a Deed of Company Arrangement ("DOC...

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High Court confirms ‘set off’ is not a defence against a Liquidator’s claim for an unfair preference

On 8 February 2023, the High Court of Australia agreed with the Full Court of the Federal Court of Australia's decision that a statutory set-off under section 553C(1) of the Corporations Act 2001 (Cth) (the Act) was not availab...

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