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 –...
by List A Staff | Jul 20, 2023
PRACTICE AND PROCEDURE – Stay – Winding-up order – Applicants granted stay pending appeal – Stay unopposed by respondents – Order for payment of arrears of rental and annual fees in respect of mining tenements – Undertaking to inform authorities of appeal – Breach by...
by List A Staff | Jul 20, 2023
ABUSE OF PROCESS – Principles to be applied – Relevance of Civil Procedure Act 2010 (Vic) principles – Reasonableness of degree of control by litigation funder considered. LIQUIDATORS – Policy of encouraging creditors to fund litigation by liquidator discussed–...
by List A Staff | Jul 20, 2023
INSOLVENCY – Dormant mining company with insufficient cash to meet liabilities – Ownership of valuable mining tenements through subsidiary – Whether tenements realisable within reasonable period to enable payment of debts – Whether company able to pay all its debts as...
by List A Staff | Jul 20, 2023
Application pursuant to rule 23.01 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) to permanently stay proceeding – Court’s inherent jurisdiction – Alternative application pursuant to r.62.04 of the Supreme Court (General Civil...
by List A Staff | Jul 20, 2023
CORPORATIONS – Corporations Act (Cth) 2001 – Second plaintiff’s (Legend) entry into a Bond Deed and General Security Deed after the commencement by substantial creditors of a proceeding in the Supreme Court of Victoria for orders to enforce a Singapore arbitral award...
by List A Staff | Jul 20, 2023
Entitlement to final judgment pursuant to Order 22 of the County Court General Civil Procedure Rules 2008 (Vic) and/or section 63 of the Civil Procedure Act 2010 (Vic).
