Insolvency Law Update - Special leave granted in Amerind

Commercial Law
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Earlier this morning special leave to appeal to the High Court was granted from the Victorian Court of Appeal’s decision in Amerind. The bench comprised their Honours Gageler, Edelman and Nettle JJ. The transcript is not yet available on Austlii. Their Honours did not need to hear from counsel for Carter Holt Harvey Wood Products Pty Ltd, the creditor who had applied for special leave to appeal.

The five-member Victorian Court of Appeal decision from which special leave to appeal was granted can be read here: Commonwealth of Australia v Byrnes and Hewitt as receivers and managers of Amerind Pty Ltd (receivers and managers apptd)(in liq) [2018] VSCA 41 (Amerind).

My review and analysis of that decision can be read here. For my article considering the Full Federal Court decision in Killarnee and the landscape for liquidating corporate trustees of trading trusts in light of both decisions see here.

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Carrie is a commercial law barrister practising primarily in the areas of insolvency and corporations law, equity and trusts, bankruptcy, contract, restitution, and banking and finance.

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