Victoria Caldwell

Sep 3, 2024 | mondaq.com | Victoria Caldwell |David Greenberg

In Forex Capital Trading Pty Ltd (in liquidation) v Invesus Group Limited [2024] NSWSC 867, the Court considered two issues. The first issue is whether a liquidator, by admitting a proof of debt, creates a liability of the company in liquidation. The second is whether the determination of a liquidator is binding on the company in liquidation or a third party.

Jun 14, 2024 | mondaq.com | A Liquidator |Victoria Caldwell |David Greenberg

Section 568 of the Corporations Act 2001 (Cth) (Act) allows a liquidator to disclaim certain property owned by a company to which the liquidator is appointed. The disclaimer has the effect of extinguishing the company's interest in the property but does not otherwise affect any interests attaching to the property.

Mar 20, 2024 | mondaq.com | David Greenberg |Victoria Caldwell

Case note – Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd [2024] FCA 6 The recent case of Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd [2024] FCA 6 (Cooper), shed light on when the Court will intervene to avoid director-related transactions.

Jan 31, 2024 | mondaq.com | David Greenberg |Victoria Caldwell

In Lee v ATL (Australia) Pty Ltd [2023] NSWCA 327, the NSW Supreme Court considered whether a guarantor was liable under a loan deed that was amended by a side letter between the borrower and the lender (but not the guarantor). The Court decided that as a matter of contractual construction, the guarantor was not liable to the lender at all. This case is a cautionary tale for all lenders.