De Facto Director Ordered to Compensate Unpaid Supplier Following Insolvent Trading

Tremco Pty Ltd ACN 000 024 064 v Thomson & Ors [2018] QDC 101 Case Facts The plaintiff (Tremco) was the principle supplier of waterproofing materials to a waterproofing business (Kadoe). The defendant (Thomson) was the wife of the formally appointed director of this business. In this proceeding, Tremco sought to recover compensation from the […]

Federal Court: Gated Housing Renders Personal Service Impractical

In the recent case of bCode Pty Ltd (in liq) v Holford [2018] FCA 798 the court was required to consider whether an order for substituted service may be granted where multiple attempts to personally serve a notice have been unsuccessful. The case involved bCode, a mobile technology company, who had unsuccessfully attempted to serve documents on Troy Holford […]

Federal Budget Introduces Anti-Phoenixing Measures

In the recent federal budget, the Government has vowed to combat illegal phoenix activity by reforming existing corporations and tax laws and granting the Australian Taxation Office additional power. Accordingly, the proposed changes are credited as complementing  the work of the Government’s Phoenix, Serious Financial Crime and Black Economy taskforces, with Federal Treasurer Scott Morrison asserting they […]

England: Court Upholds Rock Solid Contract

Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 The Supreme Court has held that a clause in a contract, which required modifications to that contract be in writing and signed by both parties, invalidated a subsequent oral agreement to vary the contract. Specifically, the issue before the court was whether the […]

Federal Government to Introduce Harsher Penalties for White-Collar Crime

In the wake of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Federal Government has announced it will crack down on penalties for corporate misconduct. In doing so, it has accepted the majority of recommendations made by the Senate Economics References Committee and the Australian Securities and Investments Commission […]

Court Rules Against Setting-Off Unfair Preference Claim

In the recent case of Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) (No 2) the Federal Court was required to determine whether a set-off was available to Melrose Cranes, pursuant to s 553C of the Corporations Act 2001 (Cth). Here, the liquidators of CPS submitted that […]

Court Rejects Mossgreen’s Art Collection Levy

White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63 In December 2017 administrators were appointed to Mossgreen Pty Ltd, a well-known Australian auction house and gallery. The administrators sought to recover over $1 million in costs from consignors by charging $353.20 per lot for the return of goods. In some instances this […]

Does the Rejection of a Calderbank Offer Automatically Give Rise to the Award of Indemnity Costs?

Linville Holdings Pty Ltd v Fraser Coast Regional Council (No 2) [2018] QSC 62 On the 6 November 2017, Jackson J of Brisbane’s Supreme Court handed down his decision in the matter of Linville Holdings Pty Ltd v Fraser Coast Regional Council [2017] QSC 252. Ultimately, his Honour concluded that for each of the financial […]

Federal Court: Asset Surplus Not Enough to Save Company from Insolvency

Deputy Commissioner of Taxation, in the matter of Tank Sales Sydney Pty Ltd v Tank Sales Sydney Pty Ltd [2018] FCA 449 (3 April 2018) On 25 August 2017, the Deputy Commissioner of Taxation (DCT) filed an application to wind up Tank Sales Sydney Pty Ltd following the company’s failure to comply with a statutory […]