Bankrupt trustees coming before the High Court

While the focus of the High Court’s trust law decision in Carter Holt[1] is in the context of corporate insolvency, many of the principles applied came from the law of bankruptcy. As the High Court pointed out, property held on trust by a bankrupt is specifically excluded as divisible property, under s 116(2) Bankruptcy Act; […]

Insolvency of trading trusts – Keay comments

Our 10th edition of Keay’s Insolvency was published in 2018 just after the Victorian Court of Appeal decision in Amerind, and that decision was included in our detailed analysis of the issues involved. We explain the High Court appeal decision, with more commentary to be issued in forthcoming draft updates to Keay.  The High Court […]

Liquidator’s right to disclaim contaminated land – important decision pending

Murrays Legal has reported for some time on the progress of an important issue of legal conflict before the Supreme Court of Canada between a liquidator’s right to disclaim contaminated land and an environmental regulator’s claim to recoup remediation costs from the insolvent company’s assets. The Supreme Court has announced that judgment is to be […]

The costs of lawyer litigants – ‘Chorley’ off to the High Court

Some important cases in legal history have involved small amounts of money, in particular where the matter is pursued as one of principle. Lawyers will know of the disputed ferry fare of one penny, in Balmain New Ferry Co v Robertson,[1] involving as it did the more important issue of false imprisonment. The High Court […]

Trial decisions pending a High Court appeal in Amerind

It can be legally difficult to determine what the law is when a significant legal issue is on appeal, leaving the issue uncertain in other matters where the issue arises until the appeal is heard and resolved. That is the case in relation to the insolvency of trading trustee companies, with decisions from the Victorian […]

Linc Energy – High Court special leave hearing 14 September Brisbane

The High Court is hearing the special leave application from the Queensland Court of Appeal decision in Linc Energy on Friday 14 September 2018 in Brisbane. The issue concerns the rights of liquidators to disclaim environmentally damaged land with constitutional, environmental and economic issues raised in the circumstances leading to the litigation. My earlier comments […]