Harris Health Care Pty Ltd (receivers and managers appointed) (in liq) v Hayes
[2024] NSWCA 301
Citation 1
(Para 1)
…his Honour’s reasons and share his Honour’s support for the analysis of Lord Walker in Re Kaupthing Singer and Friedlander Ltd [2012] AC 804; [2011] UKSC 48 at [8] and [48]. I agree with the proposed order that the appeal be dismissed. I also agree with the separate reasons of McHugh JA.…
In the matter of Sirrah Pty Ltd (in liq)
[2024] NSWSC 784
Citation 2
(Para 8)
…w: (1) It is not a complex rule, being a simple netting off of monetary obligations: In Re Kaupthing Singer & Friedlander Ltd (In Administration) [2011] UKSC 48; [2012] 1 AC 804 at [8], [13]-[20]. (2) It is a rule in equity whereby if a person entitled to participate in a fund is also bound to contribute to it, t…
In the matter of D & D Corak Investments (In Liquidation) Pty Limited
[2020] NSWSC 1197
Citation 3
(Para 1)
…It is not a complex rule, being a simple netting off of monetary obligations: In Re Kaupthing Singer & Friedlander Ltd (In Administration) [2011] UKSC 48; [2012] 1 AC 804 at [8], [13]-[20].…
Re Octaviar Ltd (in liq)
[2019] QSC 235
Citation 4
…[2003] NSWSC 1190, distinguished Re Kaupthing Singer and Friedlander Limited (in administration) (No 2) [2012] 1 AC 804; [2011] UKSC 48, cited Re Magic Australia Pty Ltd (in liq) (1992) 7 ACSR 742, distinguished Re Murphy; Re BPTC Ltd (in liq) (1996) 19 ACSR 569, cited Re Octaviar Administration Pty Ltd [2017] N…
Re Hawden Property Group Pty Ltd (in liq)
[2018] NSWSC 481
Citation 5
(Para 37)
…Pty Ltd (in liquidation) (2004) 49 ACSR 531; [2004] NSWSC 383 at [33]-[47]. See also In Re Kaupthing Singer & Friedlander Ltd (In Administration) [2011] UKSC 48; [2012] 1 AC 804 at [13]-[20]. While the rule originally developed in the context of deceased estates, it has been subsequently applied in bankruptcy and…
Re Anglican Development Fund Diocese of Bathurst (recs and mgrs apptd)
[2015] NSWSC 440
Citation 6
(Para 34)
…In Re Kaupthing Singer and Friedlander Ltd [2011] UKSC 48, Lord Walker, while suggesting that the rule is not a complex technical one and does no more than provide a method of netting-off reciprocal monetary obligations (at [8]), recognised that, in the context of insolvency, it produces a different result from s…
Wellington City Council v Registrar of Companies
[2015] NZHC 572
Citation 7
…39 See Re Oriental Commercial Bank, ex parte European Bank (1871) LR 7 Ch App 99 and Re Kaupthing Singer & Friedlander Ltd (in administration)(No 2) [2011] UKSC 48, [2012] 1 AC 804. 40 Stotter v Equiticorp Australia Ltd (in liq) [2002] 2 NZLR 686 (HC) at [39]-[40]. 41 At [40].…
F M Custodians Ltd v Bartels
[2014] NZHC 3214
Citation 8
…l Commercial Bank (1871) LR 7 Ch App 99 at 103-104 and the discussion of the rule in Re Kaupthing Singer & Friedlander Ltd (in administration) (No 2) [2011] UKSC 48, [2012] 1 AC 804.…