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  • Attacking (Or Defending!) Subrogation Claims - Karen Petch

Attacking (Or Defending!) Subrogation Claims - Karen Petch

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Karen Petch, Barrister, New Chambers


Most practitioners are familiar with the concept of subrogation, most commonly seen when a

guarantor claims the benefit of a secured lender’s security. But on 28 November, a judgment of

Marra Capital Investments Pty Ltd, in the matter of Tri-City Trucks (NSW) Pty Ltd (in liq) v Smith (liquidator) [2018] FCAFC 211 provides a very interesting example of a liquidator

successfully challenging a subrogation, and achieving a very big win for unsecured creditors.


Karen Petch reviews the case and helps you to understand how badly constructed global

settlements might inadvertently damage standing to claim the benefit of subrogation, and what

insolvency appointees should do to confirm that a claim is valid.


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  • Home
  • About Us
  • Register
  • Contact
  • Previous Events
    • Bootcamp 2019
    • Bootcamp 2018
    • Insolvency 2018
    • Insolvency 2017
    • Insolvency 2016
    • Insolvency 2015
    • Bankruptcy 2018
    • Bankruptcy 2017
    • Bankruptcy 2016
    • Bankruptcy 2015
    • Bankruptcy 2014
  • Category