Case summaries February 9, 2023 By Sweeney Hughes Peak Indebtedness Rule Abolished: High Court Gunns down preference recovery strategy The ‘peak indebtedness rule’, a strategy which had been used by liquidators to maximise the recovery of unfair preference claims in the context of continuing… Read More
February 6, 2023 By Sweeney Hughes Implied Actual Authority, Inferring Foreign Law and Rectifying Registers: A. List of takeaways from Morrison [No. 3] The recent Western Australian Supreme Court decision of Morrison v Woodthorpe [No 3] [2022] WASC 454 (Morrison [No 3]): provides extensive guidance on what constitutes… Read More Case summaries
September 1, 2022 By Chris Pearce The Cost of Abandonment – decision confirms bankrupts’ personal liability for proceedings abandoned by trustee The recent WA Court of Appeal decision in Moran v Minco Holdings Pty Ltd (In Liquidation) [2022] WASCA 93 (Moran) has confirmed that a bankrupt… Read More Case summaries