3,151 results found

Risks of failing to register a security interest within time, particularly where the grantor goes into liquidation.

Summary of recent application for non-party costs orders against a litigation funder & liquidator of an insolvent defendant.

Key takeaways from recent case where administrators were granted relief in respect of a funding agreement.

FC upheld liquidator's decision to reject a proof of debt for damages relating to a failed sale of commercial property.

The dominant purpose of examinations is for the benefit of the company in liquidation, its contributories and creditors.

When there is creditor opposition, a liquidator must demonstrate clear and cogent grounds in support of the compromise.

The court clarified PPSA concepts of "PPS Leases", "bailment" and "commercial consignment" arrangements for receivers.

With the right approach at an early stage, the effort of proactively seeking court assistance can pay great dividends.

The court was flexible and exercised discretion to assist the administration process during COVID-19 as much as possible.

Administrators should be careful to respond appropriately to the changing conditions of a company under administration.

The Court was easily able to order an investigation into the performance of a Controller's functions and powers.

The decision provides comfort to liquidators as to the ability of a court to make shelf orders at that particular time.

Priority between a liquidator's remuneration & expenses claims & the claims of preferred creditors was recently clarified.

The court was willing to provide directions to liquidators when a commercial decision could lead to a legal controversy.

This third-party payment was not an unfair preference as it did not diminish the assets available to creditors.

The director was ordered to pay costs because of his conduct in opposing winding-up proceedings against his company.

Article considers recent case that confirms liquidators should approach the Court before taking steps to realise trust assets.

Winding up application adjourned to allow for restructuring under the recently introduced small business restructuring reforms.