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TAG: liquidation
Postcard from Europe
Chris Symes here, writing from Limerick. Its late summer in Europe, and you might expect the insolvency business to be slow, but there appears to be a certain ‘scurrying’ – perhaps its an early preparation for winter. I’ve been in the Czech Republic, Slovak Republic and Spain talking to lawyers about the euro debt crisis […]
Wither the fruits of preference claims?
Cook v Italiano Family Fruit Company Pty Ltd. (In Liq), 6/12/10, Melbourne, FCA http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2010/1355.html?stem=0&synonyms=0&query=italiano Do preference recoveries by a liquidator belong to unsecured creditors, or do they fall under a bank’s charge over present and future property? Under s561, statutory priorities should only be paid out of floating charge realisations ‘so far as the property […]
Harris Scarfe, Chicago Boot
Dwyer and others v Chicago Boot Co Pty Ltd.,1 March 2011, Sulan J [2011]SASC 27 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/sa/SASC/2011/27.html?stem=0&synonyms=0&query=dwyer It seems appropriate to kick off our new Blog close to home, with a judgment from Adelaide. In the long-running Harris Scarfe liquidation, the liquidators challenged payment to a supplier. The supplier argued that (a) the company could […]