M

In the matter of Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd v Queensland Excavation Services Pty Ltd [2013] NSWSC 852 – first major PPSA decision in Australia – competing priorities between that of an owner/lessor who had an unregistered “transitional security interest” in collateral and a subsequent secured creditor with a registered security interest – PPS leases – attachment – perfection – enforceability against third parties – transitional security interests and exclusion to deemed perfection under s 322 of the PPSA

Mathieson Nominees Pty Ltd v Aero Developments Pty Ltd [2016] VSC 131 – Barnes v Addy claim not a personal equity that defeats indefeasibility of title – when a document “instrument of charge” may instead give rise to an equitable mortgage rather than a charge

McDermott and Potts as liquidators of Lonnex Pty Ltd (in liquidation) [2019] VSCA 23 – application for approval of proposed settlement under s 477(2B) of the Corporations Act -directions under s 511 of the Corporations Act now s 90-15 of the Insolvency Practice Schedule (Corporations)

Re Mischel & Co Pty Ltd (in liquidation) [2014] VSC 140; (2014) 284 FLR 320 – liquidators’ applications under s 483(1) for delivery up of company property – scope of power under s 483(1)

Modra v State of Victoria [2012] FCA 240 – costs ordered against solicitor personally – ss 37M and 37N of the Federal Court Act (the case is discussed in body of article on developments in Centro) 

N

Newtronics – Atco Controls Pty Ltd (in liquidation) v Stewart as liquidator of Newtronics Pty Ltd (in liquidation) [2013] VSCA 132 – liquidaors’ equitable liens – the principle in Universal Distributing

O

In the matter of O’Neill v Advantage Hearing Pty Ltd [2013] NSWSC 175 – use of s 1324 to restrain a director from appointing an administrator

P

Promoseven Pty Ltd v Prime Project Development (Cairns) Pty Ltd (Subject to a Deed of Company Arrangement) [2013] QCA 405 – when will a DOCA be terminated under s 445D on the grounds of commercial morality – questionable related-party dealings by a company prior to administration regarded as so suspect that the public interest in investigation and scrutiny outweighs the decision of creditors to approve a DOCA and the chance that creditors may fare no better under a liquidation

Prudential plc, R v Special Commissioner of Income Tax [2013] UKSC 1 – UK Supreme Court rules on the legal advice privilege and whether it extends or ought extend to legal (tax law) advice given by accountants

Q

Commissioner of Taxation v Qantas Airways Ltd [2012] HCA 41 – GST law – what is a “taxable supply” – implications for liquidators and other external administrators

R

Rambaldi (Trustee) v Sumpton, in the matter of the Bankrupt Estate of Sumpton [2021] FCA 1199 – worldwide freezing orders – bankrupt failed to disclose interest in shares in an Indian company – property had vested in the trustees in bankruptcy – trustees concerned as to risk of dissipation of those assets – freezing order made

S

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)

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?

In the matter of SCW Pty Ltd [2013] NSWSC 578 –appeal from a liquidator’s decision to sell by tender causes of action against directors – s 1321 of the Corporations Act 2001 (Cth)

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

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

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?

Strawbridge, in the matter of Retail Adventures Pty Ltd (Administrators Appointed) [2013] FCA 891 – administrators’ applications for directions under s 447D – voting at second creditors meetings of administrations

T

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

Woodcroft-Brown v Timbercorp Securities Ltd (in liq) & Ors [2013] VSCA 284 – 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

W

Welker v Rinehart (No 10) [2012] NSWSC 1330 – overview of trust law principles as to the removal of trustees – summary dismissal application

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

Re Willmott Forests Ltd [2012] VSC 29 – disclaimer of onerous property by liquidators – does the disclaimer of a lease by the landlord company’s liquidator extinguish the tenant’s proprietary interest in the land?

Re Willmott Forests Ltd (No 2) [2012] VSC 125 – section 511 – does it empower the Court to make orders directly affecting the rights and liabilities of third parties? – scheme land not “scheme property” – the position of and duties of liquidators of responsible entities (RE’s)

Willmott Forests Ltd (receivers and managers appointed)(in liquidation) v Willmott Growers Group Inc and Willmott Action Group Inc [2012] VSCA 202 – disclaimer of leases by liquidator of lessors can extinguish the lessee’s proprietary interest

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

Woodcroft-Brown v Timbercorp Securities Ltd & Ors [2013] VSCA 284 – 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