Finance Archives - Vincent Young

Commercial Contracts Finance Insolvency PPSA Property

12 June, 2024

PPSA Series: Beneficial Purchasers Without Notice

Foreword This is Part One in Vincent Young’s new PPSA Series. If you supply or purchase goods on credit or are involved in hiring goods, it is critical that you understand the PPSA regime. These kinds of transactions are very commonly utilised in the construction industry. If you don’t fully…

Victoria Caldwell

Building Commercial Construction Contracts Development Finance Guarantees

16 May, 2024

Be Aware Of Discharging A Guarantee

In the construction industry, it is common for a parent company/guarantor of a contractor to provide a guarantee to the principal. The guarantee usually includes the assumption of liability for any obligation owed by the contractor to the principal should the contractor fail to meet its obligations. This article deals…

Victoria Caldwell

Commercial Finance Insolvency Property

15 March, 2024

Taking Security from Related Entities of a Borrower – Unreasonable Director-Related Transactions

Case note - Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd FCA 6 The recent case of Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd FCA 6 (Cooper), shed light…

Victoria Caldwell

Commercial Finance

24 January, 2024

A cautionary tale – last minutes amendments to loan documents with guarantees

In Lee v ATL (Australia) Pty Ltd NSWCA 327, the NSW Supreme Court considered whether a guarantor was liable under a loan deed that was amended by a side letter between the borrower and the lender (but not the guarantor). The Court decided that as a matter of contractual construction,…

Victoria Caldwell

Finance

PPSA Series: Beneficial Purchasers Without Notice

Be Aware Of Discharging A Guarantee

Taking Security from Related Entities of a Borrower – Unreasonable Director-Related Transactions

A cautionary tale – last minutes amendments to loan documents with guarantees

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