Court of Appeal

Prosecution of Mr Bernard Collaery withdrawn

Dr Christopher Ward SC has represented Mr Bernard Collaery in national security proceedings since 2018. The case has involved numerous applications to the ACT Supreme Court, Court of Appeal and High Court. The prosecution of Mr Collaery was withdrawn by the Attorney-General on 7 July 2022. Dr Ward SC describes the result as very pleasing and in the interests of justice and Australia's international relations. Dr Ward acted for Mr Collaery pro bono.

Further information can be found here.

Glenfyne International Holding Limited v Glenfyne Farms International AU Pty Ltd (in liq)

In Glenfyne International Holding Limited v Glenfyne Farms International AU Pty Ltd (in liq) [2019] NSWCA 304, the New South Wales Court of Appeal set aside orders of the primary judge and ordered that a proposed resolution to appoint alternative liquidators be taken to have been passed pursuant to 75-43 of the Insolvency Practice Schedule. David Rayment appeared for the appellants.

From the NSW Court of Appeal:

CORPORATIONS – Insolvency – second meeting of creditors resolves to place company into liquidation – substantial creditors’ motion for appointment of liquidator fails – former administrator as person presiding at meeting exercises casting vote against resolution – proper characterisation of resolution – whether or not resolution to appoint liquidator was a resolution to remove an external administrator within the meaning of s 75-115 of Insolvency Practice Rules – whether Court should have ordered that proposed resolution to appoint liquidators should have been taken to have been passed at meeting within meaning of s 75-43(4)(a) of the Insolvency Practice Schedule – relevant considerations.