16-8-24 / Matthew Jones KC — Corporations, Corporate Insolvency & Bankruptcy
In a claim for recovery of an unfair preference, issues arose as to the adequacy of an insolvency report prepared by the liquidator who brought the claim and as to whether, in the context of the commercial events occurring at the time of the payment, the company was insolvent at…
VRM Global Holdings Pty Ltd v Savannah AG Research Pty Ltd (Administrators Appointed), in the matter of Savannah AG Research Pty Ltd [2023] FCA 131
23-2-23 / Matthew Jones KC — Corporations
The majority shareholder of a company challenged a resolution by its directors under s 436A of the Corporations Act 2001 (Cth) to place the company into administration on the grounds of insolvency on the basis that the directors did not have a genuine belief as to insolvency or were alternatively acting pursuant to an extraneous, improper…
A son of a farming family claimed an interest in the family farming assets, despite those assets (including a number of parcels of real property) being registered in the names of other family members to his exclusion. This strike out application considered the requirements when pleading a Muschinski v Dodds…
LM Investment Management Ltd (receiver apptd) (in liq) v Drake & Ors [2020] QSC 265
31-8-20 / Matthew Jones KC — Corporations
A court-appointed receiver sought judicial advice and directions from the Court as to whether to pursue an appeal. The decision at first instance dismissed a claim for damages against directors of the responsible entity of a managed investment scheme. The Court declined to provide the advice sought. The reasons consider…
