Attacking (Or Defending!) Subrogation Claims - Karen Petch
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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