← All Authorities
Australia liquidation voluntary and compulsorythird party funding

Grant Samuel Corporate Finance Pty Ltd v Fletcher

(2015) 254 CLR 477
JurisdictionAustralia
CourtHigh Court of Australia
Year2015
StatusBinding authority

Summary

High Court considered liquidators' powers in the context of litigation funding and the availability of common fund orders in winding-up proceedings.

Key Principle

liquidators powers; litigation funding; common fund orders

Area of Law

insolvency

Related Cases

Stubbings v Jams 2 International Pty Ltd (2022) 399 ALR 409

In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.

Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

Ask CommonBench about this case

Get a detailed analysis of Grant Samuel Corporate Finance Pty Ltd v Fletcher and how it applies to your situation.

Explain Grant Samuel Corporate Finance...