E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Way Leave Permissions cannot be retrospectively revived through insolvency plans, and affected infrastructure holders require safety review and hearin...
Personal guarantor insolvency jurisdiction follows the corporate debtor's CIRP Bench, enabling inter-territorial transfer and preventing parallel proc...
Continuing personal guarantees are not novated by a consent arbitral award that merely revises the payment schedule, nor by third-party assumption of debt, absent creditor-approved substitution or express release. A financial creditor retains standing to invoke its unassigned and unpaid debt despite other consortium lenders assigning their debts or enforcing security. Surety discharge for contractual variation requires an unauthorised change between the principal debtor and that creditor; restructuring by another creditor is insufficient, particularly where the guarantee preserves liability. For an on-demand guarantee, limitation runs from the subsequent default after demand. Once debt and default are established, calculation disputes do not defeat admission, though recoveries from all sources must reduce the amount ultimately payable.
Continuing personal guarantees are not novated by a consent arbitral award that merely revises the payment schedule, nor by third-party assumption of debt, absent creditor-approved substitution or express release. A financial creditor retains standing to invoke its unassigned and unpaid debt despite other consortium lenders assigning their debts or enforcing security. Surety discharge for contractual variation requires an unauthorised change between the principal debtor and that creditor; restructuring by another creditor is insufficient, particularly where the guarantee preserves liability. For an on-demand guarantee, limitation runs from the subsequent default after demand. Once debt and default are established, calculation disputes do not defeat admission, though recoveries from all sources must reduce the amount ultimately payable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
