Random Banner 2
The High Court decision in Re Amerind
29Jul2019
This presentation will closely examine the recent High Court decision in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20, an appeal from a Victorian Court of Appeal decision. Each of the speakers was variously involved in the original trial, the initial appeal or the High Court appeal.
The High Court decision has clarified how liquidators of corporate trustees may deal with trust assets and the application of the priority regime prescribed by the Corporations Act 2001 to the distribution of the proceeds of trust assets to trust creditors. The decision also resolves the long-standing tension between the decision of the Full Court of the Supreme Court of South Australia in Re Suco Gold Pty Ltd (in liq) (1983) SASR 99 and the Full Court of the Supreme Court of Victoria in Re Enhill Pty Ltd [1983] 1 VR 561.