Australian Bulletin Cases - Full Index

Click any column heading to sort the list of cases.

Return to bulletin index

Area of Law Bulletin Case Name Title in Bulletin
Credit Contracts Vol 3, No 1, January 2002 Narni Pty Ltd v National Australia Bank Limited [2001] VSCA 31 (30 March 2001) "It was the bank's fault for bouncing our cheques"
Statutory Demands Vol 4, No 4, April 2003 Universal Trade Exchange Pty Ltd v Westpac Banking Corp [2002] WASC 36 (7 Mar 2002) "Nothing could be done to resuscitate the application"
Mareva Orders Vol 4, No 1, January 2003 Consolidated Constructions Pty Ltd v Bellenville Pty Ltd [2002] FCA 1513 (4 Dec 2002) $3m Mareva order, $2 company
Statutory Demands Vol 2, No 2, March 2001 Calquid Pty Ltd v A & D R Illes Pty Ltd [2000] NSWSC 558 21 days means 21 days
Guarantees Vol 2, No 7, October 2001 Tranchita -v- Retravision (WA) Pty Ltd [2001] WASCA 265 (30 August 2001) A businessman regrets not reading the document
Unfair Preferences Vol 1, No 2, August 2000 McBain v Parsons [2000] FCA 935 (11 July 2000) A rare win for the creditors
Voluntary Administration / Trust Property Vol 1, No 3, September 2000 JA Pty Limited & 1 Ors v Jonco Holdings P/L & 2 Ors [2000] NSWSC 147 (10 March 2000) A triumph over "deliberate obfuscation"
Unfair Preferences Vol 1, No 4, October 2000 Lewis v Cook [2000] NSWSC 191 (21 March 2000) Asset couldn't simply disappear
Bankruptcy Vol 4, No 1, January 2003 Birdseye v Companies Auditors and Liquidators Disciplinary Board [2002] FCAFC 284 (10 September 2002) Attempt by bankrupt to defeat the statutory requirement of deregistration
Bankruptcy / Costs Vol 2, No 8, Christmas 2001 Lawindi, in the matter of Elkateb v Elkateb [2001] FCA 1527 (31 October 2001) Bankrupt could not get out of paying creditor's costs
Bankruptcy Vol 4, No 1, January 2003 Grundy v Wattyl Australia Limited [2002] FCA 1539 (11 December 2002) Bankrupt fights on...and on...and on
Liquidation / Personal Liability Vol 3, No 2, February 2002 Nilant v Shenton [2001] WASCA 421 (20 December 2001) Bankrupt not personally liable for loan he arranged
Bankruptcy Vol 4, No 4, April 2003 Beames v Khatri [2002] FCA 1381 (6 November 2002) Bankrupt sues his trustee for $40 million
Bankruptcy Vol 1, No 1, July 2000 Mayger v Prentice, in the matter of Mayger [2000] FCA 99 (9 February 2000) Bankrupt's right to travel overseas
Bankruptcy Notices Vol 4, No 4, April 2003 Commonwealth Development Bank of Australia Ltd v Adams [2002] FCA 225 (20 February 2002) Bankruptcy notices referred to the wrong section - were they valid?
Administration / Defamation Vol 1, No 3, September 2000 Samsun Pty Ltd & Ors v Andrew Wily & Anor [2000] NSWSC 281 (7 April 2000) Be careful what you say about business failures
Guarantees / Mortgagee Sales Vol 2, No 1, January 2001 Westpac v Lakajev [2000] NSWSC 603 (27 June 2000) Best price in a mortgagee sale, in a recession
Retention of Title Clauses Vol 2, No 3, May 2001 Associated Alloys Pty Limited v ACN 001 452 106 Pty Limited [2000] HCA 25 (11 May 2000) Big news for ROT (Romalpa clause) creditors
Registration of Security Interests Vol 2, No 8, Christmas 2001 Hart v Mossensons [2000] WASC 295 (6 December 2000) Bill of sale not registered? Sue the lawyer!
Guarantees Vol 1, No 1, July 2000 Equuscorp Pty Ltd v Worts [2000] VSC 179 (10 May 2000) Brothers' guarantees may be like those of wives (very hard to enforce)
Contempt of Court Vol 1, No 4, October 2000 Anissa Pty Ltd v Parsons (on application of the Prothonotary of the Supreme Court of Victoria) [1999] VSC 430 (8 November 1999) Bugger me! Just what can you say?
Bankruptcy Vol 1, No 2, August 2000 Unicomb v Official Trustee in Bankruptcy [2000] FCA 457 (11 April 2000) Can trustees take bankrupt's demutualisation shares?
Provable Debts Vol 4, No 4, April 2003 Mansfield v State of Victoria [2002] FCA 1175 Can you avoid your parking fines by going bankrupt?
Bankruptcy Notices / Petitions Vol 2, No 5, September 2001 Reasonable Endeavours Pty Ltd v Dennehy [2001] FCA 188 (9 March 2001) Can you bankrupt a debtor 10 years after judgment?
Liquidation / Unpaid Shares Vol 4, No 8, August 2003 R v Hodgson No. SCCRM-02-244 [2002] SASC 349 (24 October 2002) CFO sentenced to five and a half years imprisonment
Liquidation Vol 1, No 5, November / December 2000 Re Macks; Ex Parte Saint and Re Macks; Ex Parte Johnson Chaos averted
Voluntary Administration / Corporations Act Vol 3, No 1, January 2002 Hutchinson v Australian Securities and Investments Commission [2001] VSC 465 (30 November 2001) Claimant reinstating wound-up company
Registration of Security Interests Vol 2, No 1, January 2001 Montedeen Pty Limited v Rossfield Nominees (ACT) Pty Limited [2000] NSWCA 112 (5 May 2000) Classic example of why lenders register securities
Unfair Preferences Vol 4, No 4, April 2003 Worrell (Trustee) v Kerr-Jones [2002] FCA 1090 (6 September 2002) Claw back of divorce settlement from bankrupt's ex-wife
Mortgages / Consumer Credit Code Vol 3, No 4, June 2002 Taylor & Taylor v Third Szable Holdings Pty Ltd & Secretary to the Dept of Justice [2001] VCAT 1841 (28 August 2001) Company loan for consumer purposes?
Disqualification of Director Vol 1, No 3, September 2000 Pace v Australian Securities & Investments Commission [1999] WASC 151 (31 August 1999) Company survives loss of director
Consumer Credit Code Vol 2, No 3, May 2001 Giampaolo v Esanda Finance Corporation Ltd [2001] VSC 71 (8 March 2001) Consumer loan or business loan?
Statutory Demands Vol 3, No 5, July 2002 Ostgro Australia Pty Ltd v Syarrum Ostriches WAS Pty Ltd [2002] WASC 140 (29 May 2002) Could a cashflow statement prove solvency?
Voluntary Administration Vol 1, No 5, November / December 2000 EISA Ltd (administrator appointed); Application of Andrew Love [2000] NSWSC 940 (6 October 2000) Court lets administrator take urgent action
Liquidation Vol 4, No 1, January 2003 Nortel v Coretel [2002] NSWSC 799 (3 September 2002) Creditor tries to get company in administration wound up
Voidable Preferences Vol 4, No 1, January 2003 Greig & Anor as liquidators of Australian Building Industries Pty Ltd (in liquidation) v Australian Building Industries Pty Ltd [2002] QSC 138 (16 May Creditor wins preference case on "natural justice"
Bankruptcy Vol 2, No 2, March 2001 Colquhoun v Graffione (Administrator), in the matter of Colquhoun [2000] FCA 325 (22 March 2000) Death of a Bankrupt
Bankruptcy Notices / Petitions Vol 4, No 4, April 2003 Valassis, in the matter of Valassis v Bernard [2003] FCA 22 (20 January 2003) Debtor didn't appear because he was dead
Romalpa Clauses / Guarantees Vol 4, No 3, March 2003 Messagemate Aust P/L v National Credit Insurance (Brokers) P/L & Ors [2002] SASC 327 (1 October 2002) Did the retention of title clause mean there was no credit insurance?
Winding Up / Statutory Demands Vol 4, No 4, April 2003 Liberty Funding Pty Ltd v Drakeswood Pty Ltd No. SCCIV-02-84 [2002] SASC 54 (19 February 2002) Director didn't know of winding up application. Not the creditor's problem!
Insolvent Trading Vol 2, No 3, May 2001 Powell and Duncan v Fryer, Tonkin and Perry (2000) ACLC 480 (14 April 2000) Directors liable for company debts
Liquidation Vol 3, No 6, August 2002 Ferrinda & Anor v Bendigo Bank Ltd WASC 169 (26 June 2002) Directors of failed company try to avoid examination
Statutory Demands Vol 2, No 3, May 2001 Expressway Spares v CTK Engineering [2000] NSWSC 1200 (12 December 2000) Do not use statutory demands on disputed debts!
Partnerships / Statutory Demands Vol 2, No 8, Christmas 2001 Toorallie v Black [2001] NSWSC 1088 (28 November 2001) Do the current partners equal the former partners?
Bankruptcy Notices Vol 2, No 1, January 2001 Circle Credit Co-op Ltd v Lilikakis [2000] FCA 667 (19 May 2000) Don't try this at home
Liquidation / Cheque Conversion Vol 3, No 2, February 2002 Sanwa Australia Finance Ltd v Finchill Pty Ltd [2001] NSWCA 466 (13 December 2001) Endorsing cheques meant liability in conversion
Director's Duties / Liabilities Vol 3, No 5, July 2002 Swansson v Pratt [2002] NSWSC 583 (3 July 2002) Ex-director claims didn't know company existed!
Statutory Demands Vol 3, No 6, August 2002 Kwik & Swift Co Pty Ltd v Shawyer [2002] WASC 156 (21 June 2002) Ex-employee tries to wind up company for unpaid wages
Bankruptcy Notices Vol 3, No 1, January 2002 Vereker & Ors, in the matter of Timbs v Timbs [2001] FCA 1776 (14 December 2001) Exactly how much did the debtor have to pay?
Guarantees / Director's Duties Vol 3, No 7, September 2002 White & Anor v State Bank of New South Wales [2002] NSWCA 241 (29 July 2002) Exclusion clause saves the bank
Liquidation / Unpaid Shares Vol 3, No 4, June 2002 Wright v Mansell [2001] FCA 1519 (29 October 2001) Executive's liability for unpaid company shares
Bankruptcy Vol 4, No 2, February 2003 Teese v Clinch & Ord [2002] FMCA 205 (10 September 2002) Extending stays of proceedings, and the further borrowing of money...
Voluntary Administration Vol 2, No 3, May 2001 NT Power Generation Pty Ltd v Trevor & Ors [2000] WASC 254 (19 September 2000) Future debts covered by the deed of administration
Mortgagee Sales / Garnishee Vol 2, No 4, July 2001 Coshott v Learoyd [2001] FCA 88 (16 February 2001) Garnishee of the surplus from a mortgagee sale
Mortgagee Sales Vol 1, No 1, July 2000 Nilrem Nominees Pty Ltd & Ors v Karaley Pty Ltd [2000] WASC 82 (31 March 2000) Getting a fair price in a mortgagee sale
Arbitration Vol 3, No 5, July 2002 CMC Cairns P/L v Isicob P/L [2002] QCA 181 (31 May 2002) Going to arbitration - how late can you leave it ?
Unfair Preferences / Fraud Vol 3, No 4, June 2002 Cole, in the matter of Total Management (Melbourne) Pty Ltd (in liq) v Golden Arch Waste Systems Pty Ltd [2002] FCA 153 (19 February 2002) Hiding assets from the liquidator
Priority Vol 4, No 1, January 2003 Re Home Corp Projects [2002] NSWSC 879 (27 September 2002) How much money was the funding creditor entitled to?
Sex between Lawyers Vol 1, No 3, September 2000 R v Szabo [2000] QCA 194 (26 May 2000) It might be okay for Ally McBeal but...
Document Receipting Vol 4, No 3, March 2003 Cincotta v Jones [2002] FCA 937 (16 July 2002) It's their word against yours - do you have a thorough system for receipting documents?
Debt Liability Vol 3, No 4, June 2002 Pollak v National Australia Bank Limited [2002] FCA 237 (14 March 2002) Joint and several liability for a debt
Commission Payments Vol 3, No 6, August 2002 Investmentsource v Knox [2002] NSWSC 710 (15 August 2002) Judge - "The law harsh? It certainly seems it to me"
Liquidation / Director's Liabilities Vol 2, No 7, October 2001 Southern Cross Interiors Pty Ltd v Deputy Commissioner of Taxation [2001] NSWSC 621 (31 Aug 2001) Judge accepts "sexually transmitted debt" defence
Bankruptcy Vol 3, No 2, February 2002 Edge Technology Pty Ltd v Wang [2000] FCA 1586 (24 October 2000) Leaving Australia was act of bankruptcy
Mortgages / Guarantees Vol 1, No 4, October 2000 Ribchenkov v Suncorp-Metway Limited [2000] FCA 835 (21 June 2000) Lending to those who don't speak English
Statutory Demands Vol 3, No 1, January 2002 Sunarto v Zurich [2001] NSWSC 422 (16 May 2001) Lesson for director - you have to pay creditors!
Liquidation Vol 3, No 6, August 2002 National Australia Bank Ltd v Wily [2002] NSWSC 573 (27 June 2002) Liquidator used the directors' lawyer - was this a conflict that justified his removal?
Liquidation Vol 2, No 1, January 2001 Hawkwood Holdings Pty Ltd & Anor v Christopher Williamson the Liquidator of Merlino Construction Services Pty Ltd (In Liq) (Receivers and Managers App Liquidator voting in his own interest - case 1
Caveats Vol 2, No 1, January 2001 Bagley v Pinebelt Pty Ltd [2000] NSWSC 655 (7 July 2000) Lodging a caveat? Beware!
Insolvent Trading Vol 2, No 4, July 2001 Milner v Ali [2000] QDC 107 (29 February 2000) Making directors pay
Mareva Injuctions Vol 2, No 8, Christmas 2001 Wise v Icons Worldwide Marketing Pty Ltd [2000] FCA 1800 (8 December 2000) Mareva injunctions - a tool you should know about
Remitting Costs Order Vol 4, No 3, March 2003 Muldowney v Flinders University No. SCCIV-02-267 [2002] SASC 313 (17 September 2002) No chance of paying - should the court remit a costs order?
Liquidation Vol 1, No 1, July 2000 Elfic Limited (ACN 007 606 206) & Ors v Peter Ivan Macks & Ors and GIO Insurance Limited (ACN 052 179 647) and The Commonwealth Bank of Australia Ltd Okay to fund liquidators' legal actions
Bankruptcy Notices Vol 1, No 1, July 2000 Somes v Duke Group Ltd [2000] FCA 248 (13 March 2000) One from the crazy numbers department
Voluntary Administration Vol 2, No 4, July 2001 Bathurst City Council v Event Management Specialist Pty Ltd & 3 Ors [2001] NSWSC 34 (31 January 2001) Opposed to a DCA? "Don't sit on your hands!"
Bankruptcy Vol 2, No 4, July 2001 Spicer v Wily [2000] FCA 1200 (30 August 2000) Overturning a Part X arrangement
Voluntary Administration Vol 3, No 2, February 2002 Barrymores Pty Ltd v Harris Scarfe Ltd [2001] WASC 210 (14 August 2001) Receivers not guilty of conversion
Mortgages / Guarantees Vol 2, No 7, October 2001 Sapuppo v Ribchenkov [2001] FCA 1428 (11 October 2001) Remember Mrs Ribchenkov?
Liquidation Vol 2, No 5, September 2001 State Bank of NSW & Anor. v. Brown & Ors [2001] NSWCA 223 (10 July 2001) Risk-taking creditors rewarded
Unfair Preferences Vol 2, No 7, October 2001 Shirlaw & Anor v. Associated Alloys Pty Ltd [2000] NSWCA 224 (28 August 2000) Romalpa and unfair preference recovery actions
Unfair Preferences Vol 2, No 5, September 2001 Sydney Appliances Pty Ltd (in liq) v Eurolinx Pty Ltd [2001] NSWSC 230 (30 March 2001) Running accounts de-mystified
Contractors' Debts Vol 3, No 6, August 2002 De Martin & Gasparini v Ex Parte - Energy Australia [2002] NSWSC 55 (15 February 2002) Section 14(1) of the Contractors Debts Act (NSW) considered for the first time!
Costs Vol 2, No 8, Christmas 2001 Scanlan v Greenport Nominees Pty Ltd [2001] WASC 307 (9 November 2001) Security for costs and a plaintiff with no money
Consumer Credit Code Vol 4, No 2, February 2003 NRMA Finance Ltd v Various Debtors [2002] NSWCTTT 53 (19 April 2002) Small mistakes by finance company lead to $30,000 penalty
Liens Vol 2, No 1, January 2001 CLC Corporation v Read & Ors [2000] WASC 109 (5 May 2000) Solicitors lien fails
Voluntary Administration Vol 3, No 6, August 2002 Diamond Press Australia Pty Limited [2001] NSWSC 313 (23 April 2001) Speed versus money - the court's approach to delaying a 2nd meeting of creditors
Statutory Demands Vol 3, No 4, June 2002 Solarite v York [2002] NSWSC 411 (14 May 2002) Statutory demand - what is a genuine dispute?
Bankruptcy / Abuse of Process Vol 1, No 4, October 2000 Bowin Designs Pty Ltd v Leslie [2000] FCA 530 (7 March 2000) Stay of bankruptcy - process not to be abused
Guarantees (undue influence) Vol 2, No 3, May 2001 Commonwealth Bank of Australia v Ridout Nominees Pty Ltd & Ors [2000] WASC 37 (28 February 2000) Stretching the concept of undue influence
Statutory Demands Vol 1, No 2, August 2000 Indaba Pty Ltd v Home Building Society Ltd [2000] WASC 38 (23 February 2000) Take care with statutory demands
Guarantees Vol 2, No 8, Christmas 2001 Ghiradi v Allregal Corporation Pty Ltd [2001] WASCA 366 (23 November 2001) The benefit of a well-drafted guarantee
Consumer Credit Code Vol 4, No 2, February 2003 New Capital Finance P/L v Miller [2002] QDC 291 (25 September 2002) The Consumer Credit Code and default notices
Director's Duties Vol 3, No 7, September 2002 ASIC v Adler & 4 Ors [2002] NSWSC 171 (14 March 2002) The wrong time to buy tech stocks!
Costs Vol 1, No 2, August 2000 Cinema Center Services Pty Limited v Eastaway Air Conditioning Pty Limited [2000] ACTSC 17 (15 February 2000) Think carefully about settlement offers
Repossession / Assault Vol 4, No 3, March 2003 Toyota Finance Australia Ltd v Dennis & Ors; Tekitu Pty Ltd V Dennis & Anor [2002] NSWCA 369 (19 November 2002) This collector assaulted a debtor's wife when pursuing payment of $1,700 arrears. Was it worth it?
Guarantees Vol 1, No 2, August 2000 Dimitrakipoulos and Anor v Farm Pride Foods Ltd [2000] QCA 80 (24 March 2000) This is not the way to take a guarantee
Unfair Preferences Vol 4, No 3, March 2003 Mummery v IMMS Financial Services Ltd [2002] VCAT 383 (24 May 2002) This loan was part business, part personal...did the Consumer Credit Code apply?
Statutory Demands Vol 2, No 7, October 2001 Raffles Co Pty Ltd v. Cech [2001] QSC 129 (4 May 2001) Too late with defences to statutory demand
Travellers Cheques Vol 3, No 5, July 2002 Thos Cook v Kumari[2002] NSWCA 141 (21 May 2002) Travellers cheques - how safe are they?
Statutory Demands Vol 2, No 5, September 2001 Miric v Braams Group Pty Ltd [2001] NSWSC 736 (20 August 2001) Trying to postpone the evil day
Bankruptcy / Voidable Transfers Vol 3, No 1, January 2002 Lumsden v Snelson [2001] FCA 83 (14 February 2001) Trying to take property out of reach of creditors
Unconscionability Vol 2, No 2, March 2001 Australian Competition & Consumer Commission v CG Berbatis Holdings Pty Ltd (ACN 008 799 040) [2000] FCA 1376 (26 September 2000) Unconscionability outside of credit
Harassment / ACCC Vol 1, No 2, August 2000 Australian Competition & Consumer Commission v McCaskey [2000] FCA 1037. (1 August 2000) Undue harassment of debtors - first ACCC case
Bankruptcy / Trustees Vol 3, No 7, September 2002 Hughes v Holbrook [2002] FCA 920 (26 July 2002) Unhappy bankrupts try to remove their trustee in bankruptcy
Vexacious Litigation Vol 1, No 2, August 2000 Skyring v Ramsey [2000] FCA 774 (9 June 2000) Vexatious litigation - A$ survives latest attack
Liquidators Remuneration Vol 4, No 2, February 2003 Anderson Group [2002] NSWSC 764 (29 August 2002) Was $142,252 fair remuneration for the liquidator?
Guarantees / Bankruptcy Vol 3, No 7, September 2002 Jones v Khera [2002] NSWSC 69 (20 February 2002) Was one guarantor off the hook when the co-guarantor went bankrupt?
Terminating Liquidation Vol 4, No 2, February 2003 El-Fahkri, in the matter of Elfah Pty Ltd (in liq) [2002] FCA 1469 (19 November 2002 What do you do when a wealthy company fails to pay?
Director's Duties / Liabilities Vol 2, No 7, October 2001 Natcomp Technology Australia Pty Limited v Graiche [2001] NSWCA 120 (30 April 2001) What does it take to be a "de facto director"?
Payment Agreements Vol 1, No 4, October 2000 Baker Johnson Lawyers v Suncorp General Insurance Ltd [1999] QDC 297 (23 December 1999) What happens if a third party fails to pay?
Receivership Vol 1, No 5, November / December 2000 Reuters Australia Pty Ltd v The Credit Connection Pty Ltd [2000] NSWSC 221 (13 March 2000) When debt collectors don't pay their clients
Insolvent Trading Vol 3, No 1, January 2002 Harrison v Lewis [2001] VSC 27 (23 February 2001) When is a debt incurred and why is this important?
Mortgages / Farm Debt Mediation Act Vol 2, No 5, September 2001 Lawloan Mortgages Pty Ltd v Hancock & Ors [2001] NSWSC 607 (20 July 2001) When is a ranch not a farm?
Liquidation / Creditors Vol 1, No 5, November / December 2000 National Australia Bank Ltd v Market Holdings Pty Ltd [2000] NSWSC 1009 (26 October 2000) Who gets to vote at creditors meetings?
Privacy / Disclosure Vol 4, No 2, February 2003 B v Private Health Insurer [2002] PrivCmrA 2 Whoops! How not to treat sensitive information
Bankruptcy Notices Vol 2, No 4, July 2001 Wright v Australian & New Zealand Banking Group Ltd [2001] FCA 386 (5 April 2001) Whoops! Mistakes in the bankruptcy notice
Enforcement of Judgement Vol 3, No 5, July 2002 Lunt v WRS Pacific Pty Ltd [2002] WASC 27 (21 February2002) Whose goods did the sheriff seize?
Bankruptcy Vol 1, No 3, September 2000 Commonwealth Bank of Australia v Heinrich [2000] FCA 1255 (6 September 2000) Why don't they use juries in civil matters?
Liquidation / Unfair Transactions Vol 2, No 2, March 2001 Beveridge v Whitton [2001] NSWCA 6 Working for a client you know is insolvent
Statutory Demands Vol 1, No 1, July 2000 Switz Pty Ltd v Glowbind Pty Ltd, Glowbind Pty Ltd v Switz Pty Ltd [2000] NSWCA 37 (10 March 2000) Yessss!!! Court accepts reality on the use of statutory demands

Return to bulletin index