Lehman Brothers Asia Holdings Ltd (in Liquidation) v City of Swan
| Jurisdiction | Australia Federal only |
| Judgment Date | 2009 |
| Neutral Citation | [2009] FCAFC 130 |
| Date | 2009 |
| Year | 2009 |
| Court | Full Federal Court (Australia) |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
14 cases
- Deputy Commissioner of Taxation v Bedroff Pty Ltd Acn 079 158 955 (No 2)
-
In the Matters of Apcoa Parking Holdings GmbH and Apcoa Parking Deutschland GmbH (Companies Incorporated in Germany) and Others
...in Opes had in the meantime been criticised by a differently constituted Full Court in City of Swan v Lehman Brothers Australia Ltd (2009) 179 FCR 243 (" City of Swan"), the High Court of Australia on appeal did not endorse those criticisms and made clear that the question of the correctnes......
-
Re Lehman Brothers International (Europe), Lomas v Rab Market Cycles (Master) Fund Ltd)
...not met with universal approval in Australia. In a subsequent decision of the Federal Court in City of Swan v Lehman Bros Australia Ltd [2009] FCAFC 130 which was concerned not with the approval of a scheme of arrangement under s.411 but with a deed of company arrangement made pursuant to s......
-
Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 4)
...Warehouse Pty Ltd v Whelan (2019) 268 FCR 46 City of Swan v Lehman Brothers Australia Ltd (subject to a Deed of Company Arrangement) (2009) 179 FCR 243 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813; 153 IR 426 Commonwealth of Australia v......
Request a trial to view additional results
3 firm's commentaries
-
Third Party Claims And Deeds Of Company Arrangement
...the rights of creditors claiming against third parties following the collapse of a company. In City of Swan v Lehman Bros Australia Ltd [2009] FCAFC 130 (Lehman Australia), the court, constituted by Stone, Rares and Perram JJ, decided that a DOCA under Part 5.3A of the Corporations Act cann......
-
Can a DOCA Extinguish a Creditor's Claim Against a Third Party?
...recent High Court decision to dismiss the appeal in City of Swan & Co v Lehman Brothers Asia Holdings Limited (In Liquidation) [2009] FCAFC 130 (Lehman Decision) is a reminder that Deeds of Company Arrangement (DOCAs) have limitations and cannot extinguish creditors' claims against thir......
-
Can A Scheme Of Arrangement Extinguish A Creditor's Claim Against A Third Party?
...an update on the High Court's decision to dismiss the appeal of Swan & Co v Lehman Brothers Asia Holdings Limited (In Liquidation) [2009] FCAFC 130 (Lehman Gadens Lawyers' earlier update can be found here. The High Court has now published its reasons for the Lehman Decision, which confi......
1 books & journal articles
-
Statutory Misinterpretation: Rash Holding in Brash Holdings
...eg, Joseph Khoury & Sons v Zambena Pty Ltd (1999) 217 ALR 527, 532 [22] (Fitzgerald JA); City of Swan v Lehman Brothers Australia Ltd (2009) 179 FCR 243, 269 [79] (Rares J). 218 Federal Law Review Volume 45 ____________________________________________________________________________________......