Stewart v Atco Controls Pty Ltd (in Liquidation)
| Jurisdiction | Australia Federal only |
| Judge | Crennan,Kiefel,Bell,Gageler,Keane JJ. |
| Judgment Date | 07 May 2014 |
| Neutral Citation | [2013] HCA 15,2013-0501 HCA C,[2014] HCA 15 |
| Docket Number | M141/2013 |
| Court | High Court |
| Date | 07 May 2014 |
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55 cases
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Weinstock v Beck
... ... of voting rights in contravention of s 259D(3), where a company controls the entity that holds shares in it, are also validated subject to court ... ...
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9 firm's commentaries
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No salvage lien to rescue administrators
...Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 at 174 (Universal) as affirmed in Stewart v Atco Controls Pty Ltd (in liq) (2014) 252 CLR 307 The Universal principle is that where a creditor with security forming part of a winding up or insolvent administration, that is cared fo......
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Back to the future: the 'Newtronics' decision and the liquidator's lien for remuneration
...James Stewart in his capacity as Liquidator of Newtronics Pty Ltd (in Liquidation) v Atco Controls Pty Limited (in Liquidation) [2014] HCA 15 Services: Commercial, Dispute Resolution & Litigation, Financial Services Industry Focus: Financial Services Much of our world has changed since ......
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PPSA and a receivers equitable lien over third party property
...in our legal bulletin published on 17 June 2014 dealing with the High Court case of Stewart v Atco Controls Pty Ltd (in liquidation) [2014] HCA 15. Although a receiver may have an equitable lien for the costs and expenses incurred in relation to the care, preservation and realisation of pro......
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Court confirms liquidator has first pick over secured creditor of the fruits of litigation
...enabling those expenses to be paid in priority to any return to the secured creditor In Stewart v Atco Controls Pty Ltd (in Liquidation) [2014] HCA 15, the High Court confirmed that an equitable charge will be created even if the claim is brought by the liquidator against the secured credit......
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4 books & journal articles
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The 2017 Winterton Lecture. Sir Owen Dixon Today
...that there remain “Many married women still in need of the special protection that Yerkey 95 (1933) 48 CLR 71, 174; [1933] HCA 2. 96 (2014) 252 CLR 307, [11]-[25]; [2014] HCA 2. 97 Project Blue Sky (W’gong) Pty Ltd v ABA (1998) 194 CLR 355, [69]; [1998] HCA 28. 98 Commissioner of Railways (......
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Security for performance
...contractual obligations arise, any deposit paid will become repayable on a restitutionary basis. 152 146 Stewart v Atco Controls Pty Ltd [2014] hCa 15 at [50]. he classic instance of where this occurs is in relation to contracts of insurance (a contract of insurance being, in essence, a con......
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UNJUST ENRICHMENT IN AUSTRALIA: WHAT IS(N'T) IT? IMPLICATIONS FOR LEGAL REASONING AND PRACTICE.
...[85] (Warren CJ), [185] (Redlich JA) ('Atco'). The decision in Ateo was reversed on appeal in Stewart v Ateo Controls Pty Ltd (in liq) (2014) 252 CLR 307, 334-5 [6] (Crennan, Kiefel, Bell, Gageler and Keane JJ) (on reasoning specific to the issue of the plaintiff's entitlement to a liquidat......
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THE CASE AGAINST THE EQUITABLE LIEN.
...Bankruptcy Act 1966 (Cth) s 109(1)(a). (63) Re Universal Distributing (n 61) 174 (Dixon J); Stewart v Atco Controls Pty Ltd (in liq) (2014) 252 CLR 307, 320 [22]-[23] (Crennan, Kiefel, Bell, Gageler and Keane JJ) (64) Stewart (n 63) 318 [16] (Crennan, Kiefel, Bell, Gageler and Keane JJ). (6......