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

Discuss the parties'' criminal liability, QUESTION Albert approaches the...

QUESTION Albert approaches the National Transport Authority to have a taxi's license. The Chairman of the Authority, Mr. Smith, agrees to give him a license provided that Albert

Necessity - law of agency and partnership, Necessity - Law of Agency an...

Necessity - Law of Agency and Partnership Therefore an agency of necessity may subsist either domestic or commercial: Commercial Agency of Necessity: Although

Business ethics and public relations, Select an existing business that is d...

Select an existing business that is dealing with, or has recently dealt with, a negative public relations situation involving business ethics. You may also use your own company. Co

Period within which the dismissal itself must be effected, QUESTION 1 O...

QUESTION 1 One of the main ingredients of a system of collective bargaining is the right to join and participate in the activities of a trade union. What is the extent of this

The three regimes of law of the sea, The three regimes:- i. Right over ...

The three regimes:- i. Right over Territorial Waters: The right over territorial waters extends up to 12 nautical miles (NM) from the baseline of a coastal state. Territorial w

What are the ways of aggregate demand policy, What are the ways of aggregat...

What are the ways of aggregate demand policy To illustrate some of the issues involved in policy coordination we will focus on monetary policy. We discuss three ways in which

Chairman - meetings and resolutions, PROXIES - meetings and resolutions: ...

PROXIES - meetings and resolutions: By S.136(1), any member of a company entitled to attend and vote at a meeting of the company shall be entitled to appoint one more person (

Void contracts, Void Contracts - Law of Contract However these are con...

Void Contracts - Law of Contract However these are contracts which the law treats as non-existent.  Thus as a general rule illegal contract is only void although not certain r

Arbitration is overriding condition in business contracts, QUESTION 1 A...

QUESTION 1 Arbitration is an overriding condition in all business contracts. Without a clause for arbitration business relationship is bound to suffer. Critically examine this

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