No alsatias: equitable execution, and recent developments in the asset preservation order

Aitken, Lee (2015) No alsatias: equitable execution, and recent developments in the asset preservation order. Australian Bar Review, 40 52-63.

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Name Description MIMEType Size Downloads
Author Aitken, Lee
Title No alsatias: equitable execution, and recent developments in the asset preservation order
Journal name Australian Bar Review
ISSN 0814-8589
Publication date 2015
Sub-type Article (original research)
Volume 40
Start page 52
End page 63
Total pages 12
Place of publication Chatswood, NSW, Australia
Publisher LexisNexis Butterworths
Collection year 2016
Language eng
Formatted abstract
The enforcement of execution against assets becomes ever more complex and difficult as the scale of transnational business grows. Creditors increasingly invoke equity's jurisdiction to appoint a receiver over an asset in aid of legal execution. Recent authority demonstrates the range and efficacy of the remedy. An ‘asset preservation order’ may also strengthen the post-judgment position of an inchoate creditor. The grant of special leave to appeal on 13 March 2015 by the High Court in PT Bayan Resources TBK, a case discussed below, illustrates the conceptual doubts which still attend the jurisdictional basis of the grant of such relief (although the author is confident that the appeal will be dismissed, if only on the gross ab inconvenienti basis that any other result would bring - but is the jurisdiction purely inherent, and what is the ‘matter’, if that be relevant?)
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2016 Collection
TC Beirne School of Law Publications
 
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Created: Fri, 29 May 2015, 15:24:01 EST by Carmen Buttery on behalf of T.C. Beirne School of Law