On 28 January 2020, the English Court of Appeal handed down its decision in Civil Aviation Authority v R (Jet2.com Limited) [2020] EWCA Civ 35. It is the first time that the English Court of Appeal has authoritatively decided that…
Emily Gillett and Simon CollierThe decision of the Federal Court of Australia in Commissioner of Taxation v Iannuzzi (No 2) [2019] FCA 1818 (‘Iannuzzi’) considered the scope and content of a liquidator’s standard of reasonable care and diligence. The liquidator in question was found…
Madeleine HarlandThe United Kingdom Supreme Court recently handed down its decision in Singularis Holdings Limited (In Official Liquidation) v Daiwa Capital Markets Europe Limited [2019] UKSC 50, [2019] 3 WLR 997, a dispute arising from the Saad Group collapse. In this…
Madeleine Harland and Vaiben LipmanThe recent decision of the High Court of England and Wales in Wallace v Wallace [2019] EWHC 2503 (Ch) (‘Wallace’) explores the interesting question of whether the evidence gathering powers available to a Liquidator under section 236(3) of the Insolvency…
Madeleine Harland and Anne MignoneClaims for unlawful means conspiracy are enjoying a rise in popularity. There are a number of potential reasons for this, including the rise of large scale cross-border fraud where a wide-ranging cause of action may appear attractive to capture increasingly…
Lucas Arnold and Hana KapadiaOn 19 June 2019, Zacaroli J handed down a judgment concluding the long running proceedings brought by Burnden Holdings (UK) Ltd (“BHUK”) and its liquidator against two former directors, Mr and Mrs Fielding (the “Fieldings”), in respect of a grant…
Caroline MattinSection 433 of the Australian Corporations Act 2001 (Cth) (Corporations Act) provides that, in respect of property subject to a circulating security interest, payment of certain debts has a priority over others. One category of debts which has priority is…
Allie UmoffThe Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (the “Arrangement”), signed by the Mainland Supreme People’s Court (the “SPC”) and the HKSAR Department of…
Brooke Holden and Jenna YuenThe Hong Kong Court of Appeal in Mayer Corp Development International Ltd v Alliance Financial Intelligence Ltd [2019] HKCA 777 (Mayer v Alliance) has addressed the principles applicable to setting aside judgments obtained by fraud. In doing so the Court…
Mark Giddings and India ShortThe Court of Appeal of the Cayman Islands handed down its decision in Primeo Fund (In Official Liquidation) v Bank of Bermuda (Cayman) Limited and HSBC Securities Services (Luxembourg) SA CICA (Civil) Appeal No. 21 of 2017 on 13 June…
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