| Rinehart v Rinehart (FCA) - suppression - trusts - interim orders suppressing statement of claim refused |
| In the matter of Aquaqueen International Pty Ltd (NSWSC) - corporations - winding up - failure to rebut presumption of insolvency - company wound up |
| In the matter of Bestcare Foods Ltd (subject to a Deed of Company Arrangement) (NSWSC) - corporations - limited review of remuneration of administrators and deed administrators of company |
| Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (QSC) - pleadings - joint venture - paragraphs of statement of claim not struck out |
| Summaries With Link (Five Minute Read) |
Rinehart v Rinehart [2014] FCA 1241
Federal Court of Australia
Jacobson J
Suppression order - dispute between children of first respondent Georgina Hope Rinehart (GHR) and their mother as to GHR's alleged misconduct in administration of trust of which children were beneficiaries - respondents sought interim suppression orders under s37AI Federal Court of Australia Act 1976 (Cth) - respondents sought to suppress contents of originating application and statement of claim and certain associated documents - abuse of process - whether harm would be occasioned in dealings with lenders and investors - scope of arbitration agreements/releases - held: respondents failed to establish credible case that proceeding constituted an abuse of process - counter-parties sophisticated commercial organisations well able to distinguish between allegations and factual findings - substance of allegations significantly in public domain - futile to make suppression order - interim suppression orders revoked - confidential addendum to statement of claim suppressed.
Rinehart |
In the matter of Aquaqueen International Pty Ltd [2014] NSWSC 1645
Supreme Court of New South Wales
Black J
Corporations - winding up in insolvency - plaintiffs as substituted creditors sought order that company be wound up under s459P Corporations Act 2001 (Cth) - held: plaintiffs entitled to rely on presumption of insolvency created by failure to comply with creditor's statutory demand - Court satisfied presumption of insolvency not rebutted and that company's insolvency established as matter of fact - applicable procedural requirements in respect of winding up satisfied - company wound up.
In the matter of Aquaqueen International Pty Ltd |
In the matter of Bestcare Foods Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1630
Supreme Court of New South Wales
Black J
Corporations - applicant sought order pursuant to s449E(2) Corporations Act 2001 (Cth) that Court review remuneration of administrators and deed administrators of company - delay and acquiescence - creditors' informed consent to resolutions approving remuneration - ss439A, 443D, 447E, 449E, 449E(1)(b), 449E(1A)(b), 449E(4) & 449E(6) & 1480 - held: Court not satisfied it was just for review of administrators or deed administrators' remuneration to be ordered other than in respect of remuneration of amount approved at creditors' meeting - Court satisfied order for review should be made limited to that remuneration.
In the matter of Bestcare Foods Ltd |
Sanrus Pty Ltd v Monto Coal 2 Pty Ltd [2014] QSC 282
Supreme Court of Queensland
Boddice J
Pleadings - plaintiffs sued defendants for breach of contract arising from conduct in breach of joint venture agreement - defendants sought that paragraphs of plaintiffs' proposed amended consolidated statement of claim be struck out - held: defendants did not establish paragraphs contained irrelevant allegations or would prejudice or delay fair trial - allegations not so tenuous they should be struck out - no basis to strike out claim for damages - application dismissed.
Sanrus Pty Ltd |
