What is in the best interests of creditors? The commercial and public interest dichotomy in voluntary administration

被引:0
作者
Jones, Katherine [1 ]
机构
[1] Barrister At Law, Sydney, NSW, Australia
来源
INSOLVENCY LAW JOURNAL | 2010年 / 18卷 / 01期
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中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
A distinction or "dichotomy" between commercial and public interest has been drawn in case law surrounding the voluntary administration regime. The distinction drawn seems to limit the scope of the obligations of an administrator to commercial interests only, implying that no consideration or weight should be placed on public interest in the course of their duties. The contention in this article is that the public interests and commercial interests of creditors are not mutually exclusive and often run together, particularly when considering the interest of the Australian Taxation Office as a creditor in failed businesses, leading to the conclusion that administrators need to have regard to the continuum of creditors' interests in the course of their duties.
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页码:7 / 15
页数:9
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