Catchwords: CORPORATIONS – application for approval to enter into a funding agreement under s 477(2B) of the Corporations Act 2001 (Cth) – where work was carried out by liquidators prior to obtaining approval for the agreement – whether liquidators carrying out duties faithfully – approval granted CORPORATIONS – application for direction under s 90-15 of…
Category: Uncategorized
Tansley v Royal Australasian College of Surgeons [2020] VSC 587 (11 September 2020) (Ierodiaconou AsJ)
Catchwords: PRACTICE & PROCEDURE – Amendment to pleadings – Amendment to now plead breach of contract – Application partially allowed and partially disallowed – D’Souza v Royal Australian and New Zealand College of Psychiatrists (2005) 12 VR 42 – Mickovski v Financial Ombudsman Service Ltd (2012) 36 VR 456 – Supreme Court (General Civil Procedure)…
AE Brighton Holdings Pty Ltd v Udp Holdings Pty Ltd [2020] VSCA 235 (11 September 2020) (Kyrou, Kaye and Sifris JJA)
Catchwords: REAL PROPERTY – Caveat – Arbitral award declared that a company held funds it received from first respondent on constructive trust for first respondent – Award recognised by Court order – Applicant not party to award – Sole director of the company and applicant gave evidence at public examination that funds received from first…
In the matter of Pacific Springs Pty Limited [2020] NSWSC 1240 (11 September 2020) (Rees J)
Catchwords: CORPORATIONS – parents lend $800,000 to son to buy ice cream business in Australia – parents live overseas – company formed – parents are shareholders and son is director – son runs business – son repays half of loan – son allotted 1,800 shares and becomes majority shareholder – son repays loan – son…
Unsustainable Inequalities.
Science; 09/11/2020(AN 145725125); ISSN: 00368075Academic Search Complete Source
In the matter of Spartan Pastoral Company Pty Limited (in liquidation) [2020] NSWSC 1218 (09 September 2020) (Black J)
Catchwords: CORPORATIONS — Winding up — Application under s 482 of the Corporations Act 2001 (Cth) to terminate a winding up – Whether company is and will be solvent in future – Whether to terminate winding up. Article source: https://jade.io/viewArticle.html?aid=764756&pid=-1&h=406995063
RE BELL GROUP FINANCE PTY LTD (IN LIQ); EX PARTE BELL GROUP FINANCE PTY LTD (IN LIQ) [No 2] [2020] WASC 323 (07 September 2020) (Hill J)
Catchwords: Corporations law – Scheme of arrangement – Application for orders approving scheme under s 411(b) of the Corporations Act 2001 (Cth) – Orders made approving scheme – Corporations law – Application for directions – Entry into amended deed – Directions given – Corporations law – Application for abridgement of time to declare dividend –…
Re Cassini Resources Ltd; Ex Parte Cassini Resources Ltd [2020] Cassini Resources Ltd 317 (07 September 2020) (Hill J)
Catchwords: Corporations law – Schemes of arrangement – Acquisition of applicant by scheme of arrangement – Demerger of some subsidiaries of applicant by scheme of arrangement – Associated proposed capital reduction of applicant – Interconditional schemes of arrangement – Application for orders convening scheme meetings under s 411(1) of the Corporations Act 2001 (Cth) –…
BELL GROUP NV (IN LIQ); EX PARTE TREVOR [No 3] [2020] WASC 322 (07 September 2020) (Hill J)
Catchwords: Corporations law – Winding up – Application by liquidator for direction that liquidator would be acting properly in not seeking approval for remuneration paid to him pursuant to indemnity agreements – Indemnifies released liquidator from any obligation of repayment from property recovered in winding up – Principal winding up not in Australia – Consent…
Kenneth Armstrong: Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill
Amidst increasing concern about the UK Government’s intentions in respect of implementation of the EU-UK Withdrawal Agreement and the Protocol on Ireland/Northern Ireland the European Commission President Ursula von der Leyen took to Twitter to state: I trust the British government to implement the Withdrawal Agreement, an obligation under international law & prerequisite for any…