Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth
Jurisdiction | Australia Federal only |
Judge | Kiefel CJ,Keane,Edelman JJ.,Gordon J. |
Judgment Date | 19 June 2019 |
Neutral Citation | [2019] HCA 20 |
Court | High Court |
Docket Number | M137/2018 |
Date | 19 June 2019 |
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70 cases
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Equity Trust (Jersey) Ltd v Halabi (in his capacity as Executor of the Estate of the late Madam Intisar Nouri)
...right of indemnity, in Re Amerind Pty Ltd (in liq), Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth of Australia [2019] HCA 20; 268 CLR 524 (“ Amerind”). Like Octavo and Buckle before it, this was not a case concerned with the rights (if any) of a former trustee against......
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Commissioner of Taxation v Lane
...32; 239 CLR 346 Burns Philp Trustee Co Ltd v Viney [1981] 2 NSWLR 216 Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20; 368 ALR 390 Chief Commissioner of Stamp Duties for New South Wales v Buckle [1998] HCA 4; 192 CLR 226 Cleaver v Delta American Reinsurance Co......
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Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Limited
...Zenith Pty Ltd (in Liq) v NSW Leather & Trading Co Pty Ltd [1970] VR 605 Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20; 268 CLR 524 Citibank Ltd v Papandony [2002] NSWCA 375 Commissioner of Taxation v Lane [2020] FCAFC 184; 385 ALR 92 Community Development P......
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Frigger v Trenfield (No 10)
...Group Pty Ltd (in liq) (No 2) [2020] NSWCA 117; (2020) 102 NSWLR 537 Carter Holt Harvey Wood Products Australia Pty Ltd v Commonwealth [2019] HCA 20; (2019) 268 CLR 524 Commonwealth v Fernando [2012] FCAFC 18; (2012) 200 FCR 1 Comptroller of Stamps (Victoria) v Howard-Smith (1936) 54 CLR 61......
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5 firm's commentaries
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TGIF 2 August 2019: Putting to rest questions on the realisation of trust assets
...as a receiver. Fourthly, as was confirmed in the recent decision of Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20, the proceeds from the exercise of a corporate trustee's right of exoneration may only be applied in satisfaction of the trust liabilities or tr......
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Trusts and Insolvency - Will we get clarity anytime soon?
...appeal, dealt with some of these considerations in its decision in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 more commonly referred to as the Amerind The Amerind Decision The court found that, in that instance, the corporate trustee held a proprietar......
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Insolvent trusts get your priorities straight
...recently handed down its much anticipated decision in Carter Holt Harvey Woodproducts Australia v Commonwealth of Australia & Ors [2019] HCA 20. The court agreed that the priority regime in the Corporations Act 2001 (Cth) (Act) applies to payment of trust creditors of an insolvent corpo......
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Trusts and Insolvency - Will we get clarity anytime soon?
...appeal, dealt with some of these considerations in its decision in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 more commonly referred to as the Amerind The Amerind Decision The court found that, in that instance, the corporate trustee held a proprietar......
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2 books & journal articles
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Security for performance
...to, in Australia, as a “circulating security interest”: see also Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20 at [1], per Kiefel CJ, Keane and Edelman JJ. 354 In re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284 at 295, per Romer LJ; Agnew v Commissi......
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Contract formation
...Trust (Guernsey) Ltd v Glenalla Properties Ltd [2018] UKPC 7 at [59]; Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20 at [24], per Kiefel CJ, Keane and Edelman JJ; Dickie & Moore Ltd v McLeish [2019] CSOH 71 at [16], per Lord Doherty. 375 Valard Construction L......