Personal property security act, Business Law and Ethics

Assignment Help:

You act for Fred who is the secured lending manager of BigBank. He has a troublesome customer, Macs Tires Pty Ltd. This is a family run tire business with three directors. The principal controllers are Ed and his wife Ethel. Fred is worried that the current account is falling steadily into arrears. The bank has a fixed and floating charge over the asset and undertaking of Macs. It also has purported to take a "fixed" charge over Macs' book debts but that charge has not been registered, and Macs has been permitted to use the funds in the account. Fred suspects that much of the raw material used to produce the tires is held on retention of title terms (ROT). Fred seeks you advice on the following matters:

(a) if he wishes to appoint a receiver and manager, how long must he allow for payment of the amount secured?

(b) if the stock is held on ROT terms, may the receiver seize it. What remedies are available to the ROT suppliers to enable them to retrieve their product?

(c) many customers have left tires to be repaired - may they also be seized?

(d) what issues may arise with respect to the charge over book debts if the funds have in fact been used by Macs?

(e) if the charged assets are sold, what is the extent of the bank's liability in equity and under statute with respect to the method of disposal?
 
2. "The decision in IATA v Ansett Australia Holdings (2008) 82 ALJR 419; [2008] HCA 3 allows contracting parties to ignore the effect of the pari passu rule to the detriment of general creditors". Discuss and examine the reasoning in the case.
 
3. "The automatic discharge available to most bankrupts under the current legislation is too lenient and encourages reckless business behaviour".
 
4. "The introduction of the Personal Property Security Act will have a large impact on the taking of security, and the position in insolvency".
 
5. "The question of what constitutes an "uncommercial transaction" is, in the light of authority, difficult to state precisely". Discuss the recent authority and the concept of "uncommercial transaction".
 
6. "The doctrine of modified universality strikes a fair balance between the rights of the unsecured creditor in any particular law district and the need to have one central place in charge of liquidation overall".

7. "The decision in Eurofinance v Rubin may mean that there is no longer any relevant jurisdictional limit to the enforcement in Australia of an insolvency order granted by a court in Ruritania".


Related Discussions:- Personal property security act

Requisites of acceptance - rules relating to acceptance, Requisites of Acce...

Requisites of Acceptance - Rules Relating To Acceptance Section number S.17 (2) provides like an acceptance is invalid unless since it complies with the following conditions:

Define your point of view about international legal relation, Define your p...

Define your point of view about international legal relation. International legal relations: International law covers the matters which may occur between countries not li

General rules on statute-barred debts, General rules on statute-barred debt...

General rules on statute-barred debts: A statute-barred debt should be rejected since it is not legally enforceable.  But in a members' voluntary winding up the liquidator may

Proposed business structure, The business that you are to work on for this ...

The business that you are to work on for this assessment is Apex Pty Ltd, a company based loosely around property development and construction work. The specialisation of this com

Why international law is very different from domestic law, Why Internationa...

Why International law is very different from domestic law International law is very different from domestic law because in domestic disputes there are Courts to adjudicate upon

Evaluate nature of phoenix activity, Q. Evaluate nature of phoenix activity...

Q. Evaluate nature of phoenix activity? The literature on phoenix activity and the stakeholders consulted in this project emphasised that phoenix activity has evolved significa

Special interest groups and policy decision, Special interest groups and po...

Special interest groups and policy decision Special Interest Groups, either of voters or the prospective contesters, play an important role in policy process, especially under

Nature and categorization of law, NATURE AND CATEGORIZATION OF LAW: He...

NATURE AND CATEGORIZATION OF LAW: Here the term "law" has no consigned meaning.  It is utilized in a variety of senses.  Nonetheless different writers have bond to explain the

Employment law, Humungus Retailing Co is a large retailing organization th...

Humungus Retailing Co is a large retailing organization that has expanded rapidly over the last 2 years. It now has some 50 high street outlets each employing a small core of ful

What are the implied obligations of the employer, Question 1: With the ...

Question 1: With the enactment of the Labour Act 1975, how far has the freedom of the employer to unilaterally terminate contracts of employment been abrogated? Question 2:

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd