by List A Staff | Jul 20, 2023
REPRESENTATIVE PROCEEDINGS – Part 4A Group proceeding – Application for approval of settlement – Whether proposed settlement is fair and reasonable – Relevant considerations – Approval for payment of legal costs from settlement sum – Whether loading permitted by r...
by List A Staff | Jul 20, 2023
CORPORATIONS — Administration — Application for order relieving the administrators of personal liability in relation to a funding agreement with parent of company in administration — Application for order to give effect to a security interest over the company’s assets...
by List A Staff | Jul 20, 2023
CORPORATIONS – application for a 90 day extension of the convening period for a meeting of the creditors under s 439A(6) of the Corporations Act 2001 (Cth) – application under s 447A(1) for an ancillary order that the meeting be permitted to be held at any time with...
by List A Staff | Jul 20, 2023
COSTS – Plaintiff applied for an order for registration of a transfer of shares from a trustee – Proceeding dismissed after corporation agreed to transfer shares to plaintiff’s shareholder – Plaintiff and corporation each applied for costs – Principles to be applied –...
by List A Staff | Jul 20, 2023
CORPORATIONS – insolvency – voluntary administration – receivers appointed concerning trust assets – sale of property and business – order under s 442C(2)(c) of the Corporations Act 2001 (Cth) for disposal by administrators of encumbered property – operation of s 441A...
by List A Staff | Jul 20, 2023
PROPERTY LAW – Application under s 116A(1A) of the Transfer of Land Act 1958 (Vic) for the production to the plaintiff of a certificate of title to land – First defendant granted an equitable mortgage to the plaintiff – Plaintiff is, by virtue of its equitable...
by List A Staff | Jul 20, 2023
CORPORATIONS – Application to set aside a statutory demand pursuant to s 459G of the Corporations Act 2001 (Cth) – Whether there is a genuine dispute as to the existence of the debt – The meaning of debt in s 459E of the Corporations Act 2001 (Cth) – Whether a quantum...
by List A Staff | Jul 20, 2023
CORPORATIONS – External administration – Application for directions regarding funds handling by external administrator – Where intercompany loans of substantial value adjudicated – Where independent advice sought, made available for creditors and acted on – Where...
by List A Staff | Jul 20, 2023
CORPORATIONS – application by administrators for leave under s 44C(2)(c) of the Corporations Act 2010 (Cth) to dispose of property of the companies under administration that is subject to a security interest and property used or occupied by, or in the possession of,...
by List A Staff | Jul 20, 2023
PRACTICE AND PROCEDURE – Application for insolvent trading exoneration defence to be heard separately – Application for third party proceeding to be heard separately – Utility, economy and fairness of trial of separate questions not beyond question –...
