Just plain old ordinary language

Sep 2, 2015

Recently in Wong v McDonald [2015] FCCA 2120 the Federal Circuit Court of Australia affirmed that although guarantees are instruments to be strictly construed, where there appears to be any ambiguity of a term, the Court must firstly determine the ordinary business...

Prejudice and disclaimers

Aug 28, 2015

In the decision of Steinhardt v Trenfield & Park as liquidators of Wealth Base South Coolum Pty Ltd (in liq) [2015] QSC 237 (Wealth Base) the Supreme Court of Queensland has examined the application of section 568E of the Corporations Act 2001 (Cth), and what...

When a technical defect is not defective....

Aug 26, 2015

In In the matter of Leasing Holdings Pty Limited (formerly Charlie Lovett Pty Limited), a landlord served a Creditor’s Statutory Demand for Payment of Debt on one of its tenants, requiring payment of rental arrears.  The Statutory Demand failed to specify in it...

The court’s discretion in appointi....

Aug 24, 2015

The Supreme Court of New South Wales has recently clarified the circumstances in which it will be appropriate for the court to appoint a special purpose liquidator in In the matter of Ambient Advertising Pty Ltd (in liquidation) [2015] NSWSC 1079. The proceedings...

Dot the i’s, cross the t’s b....

Aug 17, 2015

The recent decision of the Federal Court in Wollongong Coal Limited v Gujarat NRE India Pty Ltd [2015] FCA 221  (Wollongong Coal v Gujurat) serves as a reminder that attention to detail is imperative in the context of Statutory Demands and that the strict, technical...