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The latest issue of the Insolvency Law Journal (Volume 31 Part 3) contains the following material:
EDITORIAL – Editor: Dr David Morrison
Articles
Lessors’ Priority in External Administration and the Virgin Australia Administration – Noel McCoy and Liam Shiel-Dick
The equitable principle arising from Re Lundy Granite Co; Ex p Heaven (Lundy Granite) can provide an important protection for lessors whose leased property is beneficially used in an insolvency. It has recently come back into focus in the context of companies in voluntary administration. This article explains the genesis and scope of the Lundy Granite principle and its relevance in the context of the provisions in the legislative scheme of the Corporations Act 2001 (Cth) dealing with lease liabilities during an administration. It then provides a critical analysis of the decision in Melbourne Aircraft Leasing (UK) Ltd v Algeri. Finally, the authors make practical suggestions for lessors as to a balanced approach to protecting their interests in a manner compatible with also supporting an administrator’s efforts to achieving a successful restructuring of a company’s business through administration.
RECENT DEVELOPMENTS – Editor: Dr David Morrison
- Insolvent Trading Claims against Creditors: Liability in Post-Buzzle Australia – Michael D Wells
- The Circulating Asset – Dr David Morrison
NEW ZEALAND REPORT – Editor: Professor Lynne Taylor
- Insolvent Trading in New Zealand after Mainzeal – Lynne Taylor
INTERNATIONAL NOTES – Editor: Dr David Morrison
- Predatory Lending, Twyne’s Case, and Dean v Davis – Bruce A Markell
BOOK REVIEWS
- Understanding Company Law, by Phillip Lipton, Abe Herzberg and Michelle Welsh – Reviewed by Dr David Morrison
- EU Insolvency Law: Cross Border Insolvency Law in Comparative Focus, by Gerard McCormack – Reviewed by Dr David Morrison
For the PDF version of the table of contents, click here: New Westlaw Australia – Insolv LJ Vol 31 No 3 Contents or here: Checkpoint – Insolv LJ Vol 31 No 3 Contents.
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