Case Law

Question 1

JCAM vs David Haulage

Answer 1

No QFC if no NOITA.

Only file NOITA if ultimately ADM.

Question 2

Eurosail

Answer 2

Only one test of insolvency needed.

Only take into assets and liabilities falling due in the reasonably near future

Question 3

Atlantic Computers

Answer 3

Balance interests of creditor against all creditors

Question 4

VE Vegas

Answer 4

If you enter into a connected party pre-pack sale you will be conflicted. (Can safeguard)

Question 5

Gamestation

Answer 5

Rent payable on a day to day basis

Question 6

Blue Monkey Gaming

Answer 6

Onus is on the creditor to identify their goods in respect of ROT

Question 7

Bond Worth Limited

Answer 7

ROT will fail where goods incorporated

Question 8

Woolworths

Answer 8

No. of employees consulted will be judged at each establishment

Question 9

NT Gallagher & Sons

Answer 9

Implied that CVA assets held on trust even if proposals don’t state

Question 10

Paycheck Services

Answer 10

Misfeasance claims against shadow directors likely to fail

Question 11

Key 2 Law

Answer 11

TUPE applies in ADM but not LQN

Question 12

Re. SSRL Realisations Limited

Answer 12

Landlord can refuse assignment if

• tenant cannot meet rent (profit level is 3 x rent)
• tenant not viable
• tenant in competition with landlord
• want to maintain good tenant mix
• tenant in competition with landlord
• dilapidations and landlord doesn’t believe they can remedy

Question 13

Key 2 Law

Answer 13

TUPE applies in Administration