15-5-23 / Anthony Messina — Corporate Insolvency & Bankruptcy
This proceeding concerned the liquidation of a company that was incorporated for the purpose of developing and operating a private hospital in Townsville. The company was placed into external administration owing creditors about AUD2.4m. A creditor of the company (Capital Options) in its capacity as an ‘eligible applicant’ authorised by…
8-5-23 / Danielle Davison — Corporate Insolvency & Bankruptcy
The applicant sought a review pursuant to section 35A of the Federal Court of Australia Act 1976 (Cth) of a sequestration order made by a registrar. A review under that section is by way of hearing de novo, the onus falling on the respondent creditor to prove the matters stated…
28-4-23 / Anthony Messina — Corporate Insolvency & Bankruptcy
Anthony Messina appeared for the plaintiffs, instructed by Gilbert + Tobin. The judgment is published here.
24-4-23 / Rob Anderson KC — Corporate Insolvency & Bankruptcy
Rob Anderson KC appeared for the respondent, instructed by McInnes Wilson. The judgment is published here.
14-4-23 / Michael May — Corporate Insolvency & Bankruptcy
This was an application to set aside a statutory demand that raised a novel issue. The affidavit supporting the statutory demand was dated one day earlier than the statutory demand itself. Ordinarily this would, without more, justify setting aside the demand. However, the evidence showed that both the demand and…
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