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Article

‘As is, where is’: Redelivery under Cape Town – the judgment of the High Court of Australia23 March 2022

The obligations of an administrator to redeliver aircraft and engines have been determined by the Australian High Court in the first judgment to consider the interaction between the Cape Town Convention and local insolvency law: Wells Fargo Trust Company, National Association (As Owner Trustee) & Anor v VB Leaseco Pty Ltd (Administrators Appointed) & Ors [2022] HCA 8.

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Article

Commercial Disputes Weekly – Issue 10225 January 2022

This week’s CDW includes the first reported judgment on the Trade Secrets (Enforcement, etc.) Regulations 2018, decisions on interpretation of bank guarantees and insurance aggregation clauses, and the Commercial Court invokes the draconian remedy of strike out for not progressing a claim.

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Article

Commercial Disputes Weekly – Issue 949 November 2021

In this week’s Commercial Disputes Weekly, the Commercial Court grants a lengthy extension for the time to challenge a consent award for serious irregularity. Another judgment has been added to the long running Prestige dispute between Spain and the vessel owner’s P&I Club.

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