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Results:1-10 of 73

Liquidators recover unfair preference payments from retention of title ‘secured creditor’
  • Cooper Grace Ward
  • Australia
  • June 19 2018

In the recent court decision of Trenfield v HAG Import Corporation (Australia) Pty Ltd 2018 QDC 107, the liquidators recovered unfair preferences


Creditor defeats liquidator’s unfair preference claim
  • Cooper Grace Ward
  • Australia
  • June 6 2018

In the recent decision of Heavy Plant Leasing 2018 NSWSC 707, a creditor successfully defended an unfair preference claim by establishing it did not


Property pitfalls: when it is unreasonable for a body corporate to refuse a motion?
  • Cooper Grace Ward
  • Australia
  • May 28 2018

In community titles schemes, body corporates are often called upon to make decisions concerning the rights of owners. Tensions can rise where a lot


Setting aside a statutory demand on conditions: a double-edged sword?
  • Cooper Grace Ward
  • Australia
  • May 4 2018

Sometimes overlooked by both the creditor and the debtor company is that, on the hearing of an application to set aside a statutory demand, the court


Insolvency insights: Using the section 553C set-off to reduce unfair preference claims
  • Cooper Grace Ward
  • Australia
  • April 23 2018

Commonly, a creditor being sued by a liquidator to refund an alleged unfair preference is owed money by the company in liquidation. Liquidators argue


Your FOS Toolkit (December)
  • Cooper Grace Ward
  • Australia
  • December 18 2017

The applicant company obtained a loan from the FSP to buy a new truck. The loan went into default and the FSP repossessed the truck and arrang


Unfair preferences - creditor’s defence of not suspecting insolvency
  • Cooper Grace Ward
  • Australia
  • December 4 2017

Just because a liquidator asserts you have received an unfair preference, does not necessarily mean you have or that there are no potential defences


Your FOS Toolkit
  • Cooper Grace Ward
  • Australia
  • December 1 2017

The borrower entered into a motor vehicle loan with the financial service provider (FSP) in October 2014. The account fell into arrears and the FSP


Pitfalls of instalment land contracts in Queensland: can the purchaser refuse to settle?
  • Cooper Grace Ward
  • Australia
  • November 24 2017

Instalment contracts can arise automatically in some situations, even where the parties may not intend to create an instalment contract.


Unconditional bank guarantees: ‘like cash in the bank’. But not always
  • Cooper Grace Ward
  • Australia
  • October 19 2017

It is common in construction and commercial leasing transactions for a party to provide an unconditional bank guarantee to secure the performance of