2017 – Case reviews

January

Re Southern Riverina Dairy Group Pty Ltd (Administrators appointed) [2017] VSC 4 – extending time for the convening of the second creditors meeting – key principles and key factors favouring extension

March

Sanderson as liquidator of Sakr Nominees Pty Ltd (in liquidation) v Sakr [2017] NSWCA 38 – remuneration of liquidators – Court’s assessment of reasonable remuneration under s 473(10) of the Corporations Act – ad valorem assessment applying a percentage of realised assets alone is not appropriate – Courts must have regard to the factors listed in s 473(10)

Sino Iron Pty Ltd v Worldwide Wagering Pty Ltd [2017] VSC 101 – fraud and restitution – money had and received (the stolen funds) – Black v Freedman trusts and when they arise – Barnes v Addy claims against third parties for knowing receipt of trust funds and knowing assistance in breaches of trust, the Baden categories of knowledge, when knowledge of an agent will be imputed to the principal, the change of position defence, indefeasibility of title and the fraud and in personam exceptions, tracing issues

**See also my article discussing this case published in Octoberhere

July

Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSCA 181 – repudiation of contracts and how restraint of trade benefits may be lost post termination of a contract