In Allco Funds Management Limited v Trust Co (Re Services) Ltd [2014] NSWSC 1251, an inter-company loan transaction was challenged by a receiver appointed by the secured creditor to one ...
In Allco Funds Management Limited v Trust Co (Re Services) Ltd [2014] NSWSC 1251, an inter-company loan transaction was challenged by a receiver appointed by the secured creditor to one of the companies.
In the recent case of Melisavon Pty Ltd v Springfield Land Development Corporation Pty Limited [2014] QCA 233, the Queensland Court of Appeal considered whether a latent defects claim against building consultants was out of time.
When a company is facing short term financial difficulties the directors or shareholders may decide to make a loan to the company to pay wages.
When a loan is secured by guarantees given by more than one person, disputes can often arise between co-guarantors as to who should bear the burden of paying out the loan, and in what proportions.
In the recent case of In the matter of Future Developments Pty Ltd [2014] NSWSC 1712, the New South Wales Supreme Court heavily scrutinised an accountant’s administrative procedures before deciding to dismiss an application to set aside a statutory demand.
Debts claimed in statutory demands must be due and payable to the creditor named in the statutory demand.
In a recent Western Australian case, Australian Regional Wholesalers Pty Ltd v Gardiner [2014] WASC 439, a supplier was owed a significant amount by its customer. To deal with this, the supplier took a very common approach and stopped supply.
In the recent case of Commonwealth Bank of Australia v Doggett the Supreme Court of Victoria held that certain provisions of the Code of Banking Practice (Code) applied to the guarantors. The Code applies to individuals and to small businesses as defined in the Code.
When a debtor owes money to a creditor, it is not uncommon for the debtor to propose that the creditor be paid from the proceeds of a sale or other transaction where the debtor is to receive a payment.
In Parry v Kennedy & Anor [2014] QCA 239, the Queensland Court of Appeal has upheld a decision by the Supreme Court of Queensland to reject a solicitor’s request for reimbursement of substantial loss and expense incurred in complying with a subpoena requiring him to give evidence at trial.
In the recent case of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36, the High Court of Australia unanimously held that a builder, Brookfield Multiplex, that constructed a strata title apartment complex did not owe a duty of care.
In York Civil Pty Ltd v Coleman Rail Pty Ltd [2014] SASC 122 a joint venture agreement had come to an end. The parties were in dispute regarding their respective liabilities to contribute to the losses of the joint venture.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
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