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 May 20, 2022 By Chris Pearce Should I stay or should I go? Today the Supreme Court of WA refused a stay application in respect of a corporations application to rectify the ASIC register regarding allegedly improper changes… Read More
Case summaries March 11, 2022 By Chris Pearce Lenders Beware – Federal Court confirms loophole in wide-ranging insolvent trusts decision In a judgment delivered this week, the Federal Court of Australia has given directions to a court-appointed receiver touching on a series of priority questions… Read More
Case summaries February 24, 2021 By Chris Pearce Federal Court extends Corporations Act and PPSA provisions to foreign share escrow arrangement In two related cases, Tucker, in the matter of Vector Resources Limited [2021] FCA 112 (Tucker No 1) & Tucker & Ors v Mongbwalu Goldfields Investment Limited &… Read More
Case summaries January 21, 2021 By Chris Pearce Liquidator entitled to sell limited partnership winery In Jacobs as liquidator of Necessary Holdings Pty Ltd (in liq) v Lenton Brae Limited Partnership (a firm) [2021] WASC 10, the Supreme Court today… Read More
Case summaries September 18, 2020 By Chris Pearce Consignor recovers $2.8m stash in jewellery stoush In a recent decision in Nipps; Re DKC (WA) Pty Ltd (in liq) [2020] WASC 328, the Supreme Court of Western Australia has ordered that a… Read More
Case summaries November 16, 2019 By Chris Pearce Time waits for no one, except the Court of Appeal The Court of Appeal’s recent decision in Barboutis v The Kart Centre Pty Ltd [2019] WASCA 184 clarifies that the 6-month time limit for determination of a… Read More
