2011 – Case reviews

August

Commonwealth Bank of Australia v Anand [2011] NSWSC 613 – bank’s action to enforce a guarantee and supporting mortgages – opposed on ground that bank had failed to register the charge over the principal debtor company’s assets – whether guarantor entitled to discharge or partial release as a consequence of failure to register the security

September

Woodcroft-Brown v Timbercorp Securities Ltd (in liq) & Ors [2011] VSC 427 – agribusiness managed investment schemes – product disclosure statements – whether directors had knowledge of information about a “significant risk”, which was required to be disclosed to investors – non-disclosures

October 

Grego v Copeland & Ors [2011] VSC 521 – “oppression” – recent example of conduct constituting shareholders oppression

William Co-Buchong & Anor v Citigroup Pty Ltd & National Australia Bank Ltd [2011] NSWSC 1199 – fraud – restitution – mistaken payment by bank – defence of change of position

ASIC v Letten (No 13) [2011] FCA 1151 – receivers and pre-receivership contracts: can termination fees be recovered from receivers out of asset sale proceeds ahead of the secured creditor?

November

ASIC v Letten (No 14) 2011 FCA 1174 – Mirvac cops indemnity costs in favour of the Reef House Property receivers and a raft of parties

ASIC v Letten (No 15) [2011] FCA 1268 – winding up on the just and equitable ground – s 461(1)(k) – application by a public authority

SC Capital Pty Ltd v Primebroker Securities Ltd (in liq) [2011] VSC 565 – is the ANZ (a non party) entitled to appeal a decision to set aside a statutory demand served by its receivers?

Stolar Joinery (Aust) Pty Ltd v Charterarm Investments Pty Ltd (in liq) [2011] VSC 577 – when will a winding up be terminated by the Court?

December

Harding Investments Pty Ltd v PMP Shareholdings Pty Ltd (No 3) [2011] FCA 1370 – shareholders oppression – date for valuation of shares

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