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Commercial Disputes Weekly – Issue 1125 April 2022

A financial flavour to this week’s Commercial Disputes Weekly with a look at Events of Default under a loan facility and a decision on the requisite knowledge for a financial services offence. We also cover a judgment that adds to the developing case law in relation to digital currency and another confirming the importance of enforcement of arbitration awards.

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‘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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