Plutus Payroll Fraud: Supreme Court cons....

Nov 6, 2017

Following on from our recent news article reporting on the appointment of provisional liquidators to various companies within the Plutus Payroll group of companies, his Honour Brereton J has delivered his judgment in respect of the winding up of those companies in...

Beware the costs of an appeal

Oct 18, 2017

The New South Wales Court of Appeal decision in Treloar Constructions Pty Ltd v McMillan [2016] NSWCA 302, confirmed the relatively low evidentiary threshold of a party seeking security for costs under section 1335(1) of the Corporations Act 2001 (Cth) (Act) and...

Insolvency update: setting aside a deed....

Oct 16, 2017

In the decision of Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products (Administrators Appointed)  [2016] FCA 848, Burley J gave a useful analysis of factors the Court considers in an application to set aside a Deed of Company Arrangement....

Take it to the bank: knowledge of fraud....

Oct 9, 2017

In Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971, the Supreme Court of NSW dismissed a plaintiff’s claim for relief following allegations of a fraudulently procured signature leading to the registration of a mortgage over his property. Background...

Special leave to distribute surplus in a....

Oct 9, 2017

In the recent decision In the matter of I & P Holdings Pty Limited (in liquidation) [2017] NSWSC 975, Black J of the Supreme Court of New South Wales considered an application by the court-appointed liquidator of I & P Holdings Pty Limited (in liquidation)...