Stewart v Atco Controls Pty Ltd (in Liquidation)
| Jurisdiction | Australia Federal only |
| Court | High Court |
| 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 |
| Date | 07 May 2014 |
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54 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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Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd
...... Hills and Bosch would become unpaid creditors of TCP in its liquidation. In a practical sense, the receipts had consequences for Hills and Bosch ......
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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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Liquidator's right to recover costs and expenses
...Henry Stewart (in his capacity as liquidator of Newtronics Pty Ltd (in liquidation)) & Anor v Atco Controls Pty Ltd (in liquidation) [2014] HCA 15, the High Court of Australia has provided important confirmation regarding the right of a liquidator to recover costs and expenses incurred ......
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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......