Priority maintained: Administration expe....

In a recent case, Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) v Scentre Management Limited [2020] FCA 1023, the Court considered whether monies payable under a lease agreement by a company in administration ought to be paid...

Reliance on property title searches and....

The recent decision in Hutson v Roufeil [2020] NSWSC 864 is a timely reminder of the exceptions to the principle of indefeasibility of title, particularly  for mortgagees whose security can be affected by the claims of a third party with an interest not recorded on...
Reference dates for payment claims invol....

Reference dates for payment claims invol....

Are draft claim regimes void in NSW? It is not uncommon for a contract to set out a regime for progress payments which requires the builder to provide a “draft” of its progress claim for consideration before a “formal” claim for progress payment is provided. Those...

Aggrieved persons and the reinstatement....

In the matter of The Owners of Strata Plan No 91349 v Australian Securities and Investments Commission [2020] NSWSC 685, the Supreme Court of New South Wales recently reaffirmed the principles relating to applications to have a deregistered company reinstated in...
Court paves way for pre-emptive injuncti....

Court paves way for pre-emptive injuncti....

On 17 April 2020, the Supreme Court delivered judgment in Grocon (Belgrave St) Developer v Construction Profile [2020] NSWSC 409.  The judgment paves the way for pre-emptive applications to restrain a claimant from using the Building and Construction Industry Security...