Corporations act s 553c
WebThe Court of Appeal - Supreme Court of Western Australia has delivered a decision confirming that a statutory set-off under s 553C of the Corporations Act can still be available to a creditor where a general security interest has attached to the amounts it is seeking to set-off (provided those amounts are circulating assets of the insolvent … WebDec 17, 2024 · Corporations Act, s 553C(1) – whether secured creditor had notice of fact of insolvency at time of receiving credit from the company – Corporations Act, s …
Corporations act s 553c
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http://www5.austlii.edu.au/au/legis/cth/num_act/ca2001172/s553c.html http://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s553c.html
WebCorporations (Aboriginal and Torres Strait Islander) Act 2006. "accounting standard" means: (a) an instrumentin force under section 334; or (b) a provisionof such an instrumentas it so has effect. "ACN" (short for "Australian Company Number") is the number given by ASICto a companyon registration (see sections 118and 601BD). WebTottle J’s key findings were that: section 553C of the Corporations Act constitutes a code that regulates set-off between an insolvent company and a counterparty seeking to have a debt or claim admitted against the company to the exclusion of any equitable and contractual set-off; and
WebIntroduction. The ability of creditors to rely upon the statutory set-off provision in section 553C of the Corporations Act to reduce or eliminate their exposure to unfair preference claims has been a matter of contention in a number of recent cases 1.The recent Federal Court decision in Cardinal Project Services 2 (‘Cardinal’) again recognises this tension … WebNov 30, 2024 · The Situation: Section 553C of the Corporations Act 2001 (WA) ("Act") provides that if a creditor and a company in liquidation have mutual dealings, the creditor must offset any sum the creditor...
WebThere are currently no known outstanding effects for the Corporation Tax Act 2010, Section 553. 553 Meaning of “holder of excessive rights”. (1) For the purposes of section …
WebFeb 24, 2024 · Two recent Full Court of the Federal Court decisions have impacted the way in which preference claims are conducted referable to the application of the ‘peak … link in react router dom not workingWebDec 20, 2024 · The decision means that a creditor who has obtained an unfair preference under section 588FA of the Act cannot seek to circumvent the application of the voidable … houndmartWebSection 553C requires the person seeking to rely upon s 553C to prove mutuality, in that the following elements must be met: [4] 1.The mutual debts, mutual credits and other mutual dealings must arise between the same persons 2.The ‘benefit or burden’ of the mutual debits, mutual credits and other mutual dealings must lie in the same interests, and hound marvelWebMontgomery County, Kansas. Date Established: February 26, 1867. Date Organized: Location: County Seat: Independence. Origin of Name: In honor of Gen. Richard Montgomery (1738-1775), a Revolutionary War hero who led the army into Canada, capturing the city of Montreal; he died while attempting to capture Quebec. hound mask outwardWebGround 7 – The learned trial judge’s finding that section 553C (2) of the Corporations Act did not preclude the set-off proposed by Multiplex interfered with the well-established statutory regime and its underlying principle of pari passu, by which creditors of a company in liquidation are allowed to, and required to, share rateably in the … houndmaster equinox skinWebCORPORATIONS ACT 2001 No. 50, 2001 - SECT 553. Debts or claims that are provable in winding up. (1) Subject to this Division, in every winding up, all debts payable by, and all … linkin ride pal 3 installationWebOct 25, 2024 · CA Labor Code § 4553 (2024) The amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed … link in readings in phillipine history movies