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Duties of a mortgagee in possession and consequences for a tardy seller

Australia - June 28 2013 In the recent case of Commonwealth Bank of Australia v Thompson [2013] NSWSC 149 the New South Wales Supreme Court considered the duties of a…

Kirsty Sutherland, James Whittaker

Full Federal Court revisits the rule in Hopkinson v Rolt to determine the effect of priority arrangements between first and second ranking mortgagees

Australia - February 8 2013 In the recent decision of Naxatu Pty Limited v Perpetual Trustee Company Limited [2012] FCAFC 163, the Full Federal Court clarified the rule in…

Kirsty Sutherland, James Whittaker, Mark Wilks

Typo defeats winding up proceedings

Australia - April 12 2019 This week's TGIF takes a look at the recent case of Mills Oakley (a Partnership) v Asset HQ Australia Pty Ltd [2019] VSC 98, where the Supreme Court…

David Abernethy, Estelle Blewett, Michael Catchpoole, Cameron Cheetham, Matthew Critchley, Michelle Dean, Sam Delaney, Craig Ensor, Felicity Healy, Kirsty Sutherland, Mark Wilks

Perception is paramount: Administrator denied appointment as liquidator

Australia - November 2 2018 This week’s TGIF article looks at the decision of Hooke v Bux Global Ltd (No 6) [2018] FCA 1545, where Bux Global Ltd (Bux Global) was wound up on…

Cameron Cheetham, Matthew Critchley, Craig Ensor, Kirsty Sutherland, Mark Wilks

Third party payments - have you received an unfair preference?

Australia - July 21 2017 This week's TGIF examines a recent decision of the Supreme Court of New South Wales which considered whether payments made by a third party to a…

Haley Aprile, Estelle Blewett, Matthew Critchley, Michelle Dean, Sam Delaney, Kirsty Sutherland, Mark Wilks