Liens

Secured creditor’s claim imperils liquidator’s lien

Insolvency Option’s Darren Vardy. KPT Restructuring partner Jason Tang. Three weeks ago at a meeting of PMH Manufacturing Pty Ltd (PMH) creditors a resolution went through approving remuneration for the company’s sole liquidator, Jason Tang. On Monday the company’s largest secured creditor obtained a date to hear its application for orders requiring Tang to account for the securing, preserving and realising the assets of the…

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FEG fought the law and the law won

PKF’s Brad Tonks. There must have been much gleeful rubbing of hands yesterday after the NSW Supreme Court of Appeal exorcised the FEG demon in respect of whether a priority creditor’s claim to circulating assets ranks ahead of a liquidator’s claim for remuneration. “The central question before the primary judge and on appeal was whether s 561 of the Act applies and, if so, whether…