CASE NOTES (BLOG)
Contractual set-off clauses and proofs of debt: the issue of mutuality
Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) [2017] WASC 152
STATUTORY SET-OFF under s 553C Corporations Act reigns supreme in liquidation matters. The Western Australian Supreme Court was asked to consider whether contractual or equitable set-off was available in insolvency, but chose to give precedence to set-off under s 553C. […]
Justice Edelman lays down the law on preferences
Hussain v CSR Building Products [2016] FCA 392
NEED GOOD AUTHORITY for an unfair preferences matter? Look no further than this 2016 Federal Court case decided by Justice Edelman. […]
A warning to liquidators against compromising claims where a D&O policy exists
Re Akron Roads Pty Ltd (in liq) (No 3) [2016] VSC 657
AN INSURER ESCAPED LIABILITY from indemnifying claims against its clients in liquidation proceedings. The Victorian Supreme Court found that the insurers’ liability was limited by the deed of settlement entered by its client, and that the client’s non-disclosure ultimately avoided all liability. […]