Yes, very interesting....the guarantors are the receivers aren't they? Who works for the major secure creditors who are collectively majority share holders who have been funding the C&M cost for 3 years.
In Perpetual Nominees Limited v McGoldrick (No. 3) [2017] VSC 78, the Supreme Court of Victoria has held that a liquidator owes a common law duty of care to guarantors when exercising a power of sale to realise assets of the company in liquidation. The judgment will be of great interest to insolvency practitioners as it is the first time in Australia that a Court has determined that such a duty of care exists after a full trial.
https://www.cbp.com.au/insights/insights/2017/march/liquidators-duty-of-care-to-guarantors
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Yes, very interesting....the guarantors are the receivers aren't...
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