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Australia Leading Case uncategorized

Sandell v Porter

[1966] HCA 28; (1966) 115 CLR 666
JurisdictionAustralia
CourtHigh Court of Australia
Year1966
StatusBinding authority

Key Principle

Insolvency is a question of commercial reality: a debtor's inability to pay debts as they fall due is assessed having regard not only to immediately available cash but to funds realisable by sale or mortgage of assets within a relatively short time.

Area of Law

i

Related Cases

Re Opes Prime Stockbroking Ltd [2009] FCA 813 (related (No 2) decision reported (2009) 258 ALR 362)
Australian Securities and Investments Commission v Bekier (Liability Judgment) [2026] FCA 196
Hopper & Anor v State of Victoria [2026] HCA 11

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