CFA held that where a bankruptcy petition debt is subject to an arbitration clause, the court will generally stay or dismiss the petition in favour of arbitration.
insolvency
In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.
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.
Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.
Get a detailed analysis of Re Guy Lam and how it applies to your situation.
Explain Re Guy Lam