Welcome to the latest edition of our National Insolvency & Reconstruction Quarterly Review for the period of July – September 2018.
A significant amount of activity has occurred over the last quarter and we outline a few of those matters in this edition. In particular, our team:
- Provides a detailed review of the High Court’s decision in Mighty River International Limited v Hughes [2018] HCA 38 and the use of a Deed of Company Arrangement in particular circumstances. Please click here;
- Examines the breadth of provable debts under the Bankruptcy Act 1966 (Cth) in respect of guarantor’s liability for supplies after the date of bankruptcy focusing on the Full Court of the Supreme Court of South Australia’s decision of Darwin Foods Pty Ltd v Gray [2018] SASCFC 84. Please click here;
- Looks at the decision in White v ACN 153 152 731 Pty Ltd (In Liq) [2018] WASCA 119. The Western Australian Court of Appeal has provided its clarity about the proper approach that should be taken to the defence, of ‘acting in good faith, with no reasonable grounds to suspect the company was insolvent’. Please click here;
- Considers the Full court of the Federal Court of Australia’s decision in the recent case of Pleash (Liquidator) v Tucker [2018] FCAFC 144. Please click here;
- Examines the decision in Hosking v Extend N Build Pty Ltd [2018] NSWCA 149 and the use of Section 588FA(1) of the Corporations Act 2001 (Cth) as to when a third party payment to a creditor may be recoverable. Please click here; and
- Reviews the recent Full Court of the Supreme Court of South Australia in Samwise Holdings Pty Ltd v Allied Distribution Finance Pty Ltd & Ors [2018] SASCFC 95 and the clarity it provides on the timing by which a registration of a purchase money security interest must be made in order to obtain its benefit. Please click here.
We trust that you will enjoy this edition.