Author

Ian Innes

Browsing

In brief Aircraft lessors and secured creditors will be required to collect their aircraft and engines from insolvency administrators appointed for airlines, rather than compel redelivery of the equipment, where their leases or security attract the operation of the Convention on International Interests in Mobile Equipment (“Cape Town Convention”). The Australian High Court has decided, in those circumstances, that aircraft and engines do not need to be redelivered to a lessor or secured creditor on the appointment…

In brief The long-contentious point of whether unpaid pre-appointment debt can be set-off against an unfair preference claim has been decided (for now) in favour of the liquidators.1 It cannot. But what are the wider implications of that conclusion? The Full Court of the Federal Court has carefully avoided answering that question, but at the same time has offered reasoning to suggest set-off may still have a role in defending some liquidator claims. Key Takeaways There…