In Australia's largest commercial litigation, banks held liable under Barnes v Addy knowing assistance for participating in subordination agreements that breached directors' fiduciary duties to creditors.
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 Westpac Banking Corporation v Bell Group Ltd (in liq) and how it applies to your situation.
Explain Westpac Banking Corporation v ...