Resilient Investment Group Pty Ltd v Barnet and Hodgkinson as liquidators of Spitfire Corporation Limited (in liq)

• 1. Mortgages and Securities
  2. › Personal Property Securities Act 2009 (Cth)
  3. › Circulating assets
  4. › Whether R&D tax refunds were 'personal property' in form of an 'account'
  5. › Whether entitlement to refunds constituted chose in action against Commonwealth at relevant date
  6. › Whether refunds were 'monetary obligation'
  7. › Personal Property Securities Act 2009 (Cth), s 340
• 1. Mortgages and Securities
  2. › Personal Property Securities Act 2009 (Cth)
  3. › Circulating assets
  4. › Whether monetary obligation 'arises from' providing services in ordinary course of business of providing services of that kind
  5. › Causal connection between account and provision of services
  6. › Personal Property Securities Act 2009 (Cth), ss 10, 340(5)(a)
• 1. Corporations
  2. › Winding up
  3. › Priority of debts
  4. › Circulating security interest
  5. › Whether R&D tax refunds subject to employee priority under s 561
  6. › Corporations Act 2001 (Cth), ss 556, 560, 561
• 1. Employment and Industrial Law
  2. › Identity of employer
  3. › Undisclosed principal
  4. › Whether subsidiary acting as agent for parent company in entering employment contracts
  5. › Whether application of undisclosed agency principles inconsistent with orthodox contractual principles for determining character of employee-employer relationship
  6. › Corporations Act 2001 (Cth), s 556

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