Facts High court decision Court of Appeal decision Key takeaways Comment In Sunrise Megaway Sdn Bhd (In Liquidation) v Kathryn Ma Wai Fong,(1) the Court of Appeal was tasked with deciding whether a liquidator’s decision to admit a proof of debt (POD) could be challenged. A ‘POD’ is a document which quantifies the sum owed…
28 March 2021 Consultancy.com.au 3 min. read Virgin Australia boss Jayne Hrdlicka has flown in consultants from her former employer Bain & Company to support the airline with its transformation. Around one year ago, Virgin Australia became Asia-Pacifics first airline to fall amid the coronavirus, after it was placedinto voluntary administration on April 21, with…
(Representative image) NEW DELHI: The Supreme Court on Friday ruled that a bank can initiate proceedings under the Insolvency and Bankruptcy Code (IBC) against a corporate guarantor if the principal borrower defaults on repayment of loans and the debt is declared nonperforming asset (NPA).A bench of Justices A M Khanwilkar, B R Gavai and Krishna…
On Wednesday 24 March, the government confirmed that it will be extending the current temporary restrictions on statutory demands and winding-up petitions and the temporary suspension of directors liability for wrongful trading put in place under the Corporate Insolvency and Governance Act 2020, until 30 June 2021. The extensions, set out in the Corporate Insolvency…
IBBI Chairperson M S Sahoo on Thursday said “normalcy” has been restored with respect to resolution of stress under the insolvency law, with the expiry of suspension of fresh proceedings. TopicsM S Sahoo|IBBI|Insolvency and Bankruptcy Code IBBI Chairperson M S Sahoo on Thursday said “normalcy” has been restored with respect to resolution of stress under…
Insolvency measures supporting businesses during the pandemic and helping them recover, are set to be extended till the end of June 2021. The measures were introduced in the Corporate Insolvency and Governance Act in March 2020, including protecting businesses from aggressive creditor enforcement and removing personal liability on company directors, and have been previously extended…
The Lithgow Aged Care Home, 140km west of Sydney, which houses 73 residents and employs more than 120 staff, has gone into voluntary administration after losing its accreditation by failing to meet 38 of 42 industry standards. We reported here that the aged care home appealed the ruling, which leaves residents with the prospect of…
The hospitality group founded by former Australian rugby player George Gregan and his ex-wife Erica Gregan has been placed into administration, largely driven by theend of JobKeeperand leasing protections. Following the appointment of SV Partners director Ian Purchas as administrator late on Friday, GG Leasing closed two of its nine outlets and reduced the number…
Tasmania has passed voluntary assisted dying (VAD) legislation, making it the third jurisdiction in Australia to do so, after Victoria and Western Australia. Ceara Rickard, who has been given a terminal diagnosis of metastatic breast cancer,is relieved it will now be legal to end her life in the late stages of her illness. “I don’t…
In the case Kenneth Xuereb v. Weber Construction Limited, decided on the 18 of March, 2021, the Civil Court (Commercial Section) (the Court) presided over by Hon. Judge Joseph Zammit McKeon, considered at length the two tests of insolvency arising in terms of the Maltese Companies Act, with particular reference to its English law equivalents.…