Original decision: Wells Fargo Trust Company, National Association (trustee) v VB Leaseco Pty Ltd (administrators appointed) [2020] FCA 1269 Appeal: VB Leaseco Pty Ltd (Administrators Appointed) v Wells Fargo Trust Company, National Association (trustee) [2020] FCAFC 168 The Federal Court of Australia has provided important guidance on the meaning of the phrase “give possession of … Continue Reading
Speed read A party should not assume that the failure of its counterpart to provide or satisfy conditions precedent gives rise to an automatic right to terminate or not perform a contingent obligation, where it could have obtained or satisfied those conditions precedent itself. Summary The recent Odyssey Aviation Ltd v GFG 737 Limited[1] in … Continue Reading
