Journal article
Arrium: Is it “commercial reality” to conclude that a company is solvent until it is “certain that it cannot pay” its future debts?
Insolvency Law Bulletin, Vol.21(7/8), pp.90-94
09/2021
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Abstract
The recent judgment of Ball J of the NSW Supreme Court in a large case arising from the 'Arrium' insolvency — 'Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2)' — addressed an issue often debated but rarely arising for judicial determination: to what degree of certainty (or uncertainty) must a court be satisfied to conclude that a company was solvent at a time when it had a large maturing debt payable in the future?
Details
- Title
- Arrium: Is it “commercial reality” to conclude that a company is solvent until it is “certain that it cannot pay” its future debts?
- Creators
- Mark N Wellard (Author) - Southern Cross University
- Publication Details
- Insolvency Law Bulletin, Vol.21(7/8), pp.90-94
- Publisher
- LexisNexis
- Identifiers
- 991013227009202368
- Academic Unit
- Faculty of Business, Law and Arts
- Language
- English
- Resource Type
- Journal article