Tanning Research Laboratories Inc. v O'brien
| Jurisdiction | Australia Federal only |
| Judgment Date | 1990 |
| Neutral Citation | [1990] HCA 8,1990-0306 HCA A |
| Date | 1990 |
| Year | 1990 |
| Court | High Court |
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7 firm's commentaries
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The arbitration regime in Australia: Five years on
...courts will enforce arbitration agreements by staying any commenced court proceedings (Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332). Further, Australian courts may grant "anti-suit injunctions" to restrain parties to an arbitration agreement from bringing court proceeding......
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TGIF ' Proving your proof: The onus is on the creditor
...In the matter of Azmac Pty Limited (2020) 146 ACSR 113; [2020] NSWSC 204 at [41] - [44], Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 at [340], Re Galaxy Media Pty Ltyd (In Liq) [2001] NSWSC 917 and Re: Castaplex Pty Ltd (in liq) [2010] QCA 59 at [4] and included that: the......
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TGIF ' Proving your proof: The onus is on the creditor
...In the matter of Azmac Pty Limited (2020) 146 ACSR 113; [2020] NSWSC 204 at [41] - [44], Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 at [340], Re Galaxy Media Pty Ltyd (In Liq) [2001] NSWSC 917 and Re: Castaplex Pty Ltd (in liq) [2010] QCA 59 at [4] and included that: the......
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An expedited process for adjudicating a large body of creditor claims
...to enable them an opportunity of being heard on the Liquidators' application. Footnotes 1 Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332. 2Corporations Act, ss 912A, 946A, 961K(2), 961L, 963F, 963J, 991A, 1041H. 3 ASIC Act, ss12CB and The content of this article is intended ......
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7 books & journal articles
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CROSS-BORDER INSOLVENCY AND ITS IMPACT ON ARBITRATION
...1 Ltd Partnership[2013] 4 SLR 1116. 32Global Distressed Alpha Fund I Ltd Partnership v PT Bakrie Investindo[2013] 2 SLR 228 at [48]. 33(1990) 91 ALR 180. 34Tanning Research Laboratories v O'Brien(1990) 91 ALR 180 at 186-187. 35 For examples following the approach in Tanning Research Laborat......
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Bankruptcy and insolvency
...Doyle J. 179 An appeal may be made under Corporations Act 2001 (Cth) section 1321. See also Tanning Research Laboratories Inc v O’Brien (1990) 169 CLR 332; In the matter of Azurra Pty Ltd (t/a Lifestyle Homes Pty Ltd) (in liq) [2009] NSWSC 657 at [8], per Austin J; Wabbits Pty Ltd v Godfrey......
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Insolvency Law
...the interests of the creditors or contributories in the assets available for distribution (Tanning Research Laboratories Inc v O”Brien(1990) 169 CLR 332 at 339—340). Otherwise, the company can willingly subject itself to judgments, accounts stated and estoppels in favour of persons connecte......
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Insolvency Law
...capacity in accordance with standards no less than the standards of a court or judge (Tanning Research Laboratories Inc v O”Brien(1990) 169 CLR 332). If the liquidator rejects the proof wholly or partially, the claimant has to appeal to the court against such rejection under r 93 of the Com......
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