Lehman Brothers Holdings Inc v City of Swan

Lehman Brothers Asia Holdings Limited (in liquidation) v City of Swan [2010] HCA 11
Judgment date
Case number
S1/2010
S362/2009
Before
French CJ, Gummow, Hayne, Heydon, Kiefel JJ
Catchwords

Corporations – Statutes - Deed of company arrangement ("DOCA") - Corporations Act 2001 (Cth), s 444D(1), provided that a "deed of company arrangement binds all creditors of the company, so far as concerns claims arising on or before the day specified in the deed" - Where provisions of DOCA purported to provide for moratorium on and release of claims that might be made by company's creditors against persons other than the company - Whether such provisions of DOCA binding on company's creditors - Whether DOCA void.

Words and phrases – "so far as concerns claims", "deed of company arrangement".

Corporations Act 2001 (Cth) – Pts 5.1, 5.3A, s 600A.

Files
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11.pdf (109.04 KB)