𝔖 Bobbio Scriptorium
✦   LIBER   ✦

Sons of Gwalia: defrauded shareholders' claims in insolvency

✍ Scribed by Rasiah Gengatharen


Book ID
102270205
Publisher
John Wiley and Sons
Year
2008
Tongue
English
Weight
127 KB
Volume
17
Category
Article
ISSN
1180-0518

No coin nor oath required. For personal study only.

✦ Synopsis


Abstract

The recent Australian High Court decision in Sons of Gwalia v Margaretic abolished the rule that defrauded shareholders claims should be subordinated to the claims of general creditors in insolvency. This paper examines the decision, discusses its potential implications and explores whether it should be overruled through legislative amendment. Copyright Β© 2008 John Wiley & Sons, Ltd.


πŸ“œ SIMILAR VOLUMES


From subordination to parity: an interna
✍ Janis Sarra πŸ“‚ Article πŸ“… 2007 πŸ› John Wiley and Sons 🌐 English βš– 628 KB

## Abstract Securities law claims in insolvency proceedings raise important questions of allocation of risk and remedies. In the ordinary course of business, equity claims come last in the hierarchy of claims during insolvency. What is less clear is whether this should encompass claims arising from

Ethics and conflicts, the role of insolv
✍ Janis Sarra πŸ“‚ Article πŸ“… 2004 πŸ› John Wiley and Sons 🌐 English βš– 391 KB

## Abstract Insolvency practice involves a balance between adherence to rules of ethical conduct and the avoidance of conflicts of interest, and the need to find cost effective methods of debt collection or restructuring under the statutory regime. Potential conflicts of interest are inherent in th