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Suit alleges barrister used $1.3M of his company’s funds for chambers fees
Securities 2024-09-24 11:41 pm By Sam Matthews

Shareholders in lending platform Marketlend can bring a derivative suit against its directors for allegedly misusing company funds, including spending $1.3 million on barrister chambers fees.Ā 

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High Court upholds rejection of liquidator’s bid for pooling orders
High Court 2024-09-11 11:22 pm By Cindy Cameronne

The High Court has rejected a liquidatorā€™s appeal arguing that two NSW printing press companiesā€™ joint right to sue could be pooled to pay off debts for the entire corporate group.

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End of the road for Arrium lenders’ case against directors
Financial Services 2023-11-20 11:21 pm By Cat Fredenburgh

The High Court has denied a bid for special leave by the Commonwealth Bank and other lenders to challenge a ruling that found two Arrium directors did not mislead them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse.Ā 

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High Court to clarify availability of pooling orders
Restructuring & Insolvency 2023-09-18 9:55 pm By Cat Fredenburgh

The High Court has agreed to take up a case by a liquidator for two related NSW printing companies that could settle the question of whether pooling orders are available for businesses with common right to sue.

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Arrium lenders file High Court challenge over directorsā€™ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse.Ā 

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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ā€˜No brainerā€™ that Arrium was failing when directors drew down funds, court told
Restructuring & Insolvency 2022-08-02 11:09 pm By Cindy Cameronne

Several lenders have appealed a ruling that found they failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse, saying it was a ā€œno brainerā€ that the company was in dire straits when its directors sought extra funds.

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Arrium lenders hit with extra costs after rejecting $10M settlement offers
Restructuring & Insolvency 2022-01-07 11:27 am By Bianca Hrovat

A group of banks that failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse have been ordered to pay indemnity costs after a court found they rejected $10 million settlement offers three days into the trial.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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