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Set Off Appeals

Jones Day

Business as Mutual: Floating Charges No Obstacle to Mutual Set-Off Agreements

Jones Day on

The Situation: Section 553C of the Corporations Act 2001 (WA) ("Act") provides that if a creditor and a company in liquidation have mutual dealings, the creditor must offset any sum the creditor owes to the company in...more

Hogan Lovells

Court of Appeal overturns Hamersley Iron v. Forge Group Power – set off rights in liquidation restored

Hogan Lovells on

In July 2017, we wrote about the case of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (receivers and managers appointed), in which the Western Australian Supreme Court held that rights of set off...more

Butler Weihmuller Katz Craig LLP

Second DCA Refuses to Allow Insurer to Obtain Settlement Information from Settling Co-Defendant

In Allen v. State Farm Florida Ins. Co., 2D15-3114 (Fla. 2d DCA June 10, 2016), a sinkhole plaintiff sued two insurers for the same damage, and then settled with one of them before trial. The non-settling insurer wanted to...more

King & Spalding

Financial information and set-off requirements under the FIDIC Red Book

King & Spalding on

The Privy Council’s recent judgment in NH International (Caribbean) Limited v National Insurance Property Development Company Limited (Trinidad and Tobago) provides a rare example of a common law court interpreting specific...more

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