Why are we really here?

I remember a long time ago, in the last century, that we were promised that with the improvements of technology and computers life would be made significantly easier.  Well we certainly seem to have gotten that one wrong.  In reality it often seems that computers have only, in reality, allowed us to over complicate even … Continued

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Protection to Administrators acting in the best interest of Creditors

In a recent Supreme Court of NSW Decision, Renex Holdings (Dandenong) 1 Pty Ltd (Administrators Appointed) & Others [2015] NSWSC 2003, Justice Black once again adopted a very practical and encouraging approach whereby he confirmed that Administrators may be protected from personal liability for post appointment debts. The background to the Administration was that Renex’s … Continued

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Forge’s Failure led to the Delivery of a $50M Windfall

In the recent decision of Forge Group Power Pty Limited (“Forge Group”) (in Liquidation) (Receivers and Managers appointed) v General Electric International Inc [2016] NSWSC 52 (GE), the Court’s decision provided some useful guidance on the interpretation of what is a PPS  lease and when the title in leased goods vests in the event of … Continued

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Insurer’s Liability to Third Parties

The High Court Decision in the case of CGU Insurance Limited v Blakeley & Ors (2016) HCA2 details the circumstances in which a Liquidator as a  third party claimant can directly pursue the insurers of insolvent defendants. In these proceedings, the Liquidators applied to the Court to join CGU as a Defendant and to amend … Continued

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Court of Appeal backs Liquidator looking behind regulations

In the ongoing battle of the Environment Protection Authority (“EPA”) v Orchard Holdings (NSW) Pty Limited (In Liquidation), the Supreme Court of New South Wales Court of Appeal (“Court of Appeal”) in essence determined that Legislative Regulations cannot go beyond what the power that are conveyed in their relevant Act permits. Initially, the EPA sought … Continued

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