Restructuring & Insolvency

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  • IATA clearing house regulations in breach of British Eagle principle Restricted access

    Article

    Last Reviewed: 30 March 2007 / Submitted: 30 March 2007

    The Victoria Court of Appeal has held that the IATA Clearing House Regulations were in breach of the House of Lords decision in British Eagle. The British Eagle principle was also held to apply not only to liquidations, but universally to bankruptcy regimes including administrations and company arrangements.

  • Future sale contracts cannot determine insolvency under Australian law Restricted access

    Article

    Last Reviewed: 12 July 2006 / Submitted: 12 July 2006

    Under New South Wales law, entering into a future sale contract would not be taken into account in determining the insolvency of a company.

  • International Air Transport Association v Ansett Australian Holdings Limited and others Restricted access

    Article

    Last Reviewed: 20 January 2006 / Submitted: 20 January 2006

    The Supreme Court of Victoria has held that the International Air Transport Association was a creditor of an insolvent airline in respect of payments due under the IATA clearing house. The House of Lords’ decision in British Eagle International Airlines v Compagnie Nationale Air France [1975] 1 WLR 1758 was distinguished on the basis that changes had been made to the IATA regulations since that decision.

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