Estoppel by convention - an old doctrine with new potential

Article Abstract:

The equity components of the doctrine of estoppel by convention have come to dominate recent Australian case law on the subject though the doctrine has traditionally been thought of as a common law doctrine. The courts have considered arguments that estoppel by convention should be extended to pre-contractual negotiations. Other estoppel principles, such as promissory estoppel, have already been expanded to incorporate equitable considerations.

Australia, Contracts, Estoppel

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Does "statutory management" have a future - the Securities Commission's review

Article Abstract:

The New Zealand Securities Commission has issued a report in Apr 1992 which supports the statutory management of a company in receivership. This is provided for in the 1989 Corporations (Investigation and Management) Act, which empowers the government to appoint outside managers. The commission's report does recommend procedural changes along with retention of statutory receivership.

Industry regulations, Government regulation of business, Trade regulation

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Priority rights in insolvency - the doctrinal basis for equity's intervention

Article Abstract:

Legislation is needed to clarify insolvency rights of priority. The traditional approach assigned priority by proprietary rights. The modern approach assigns proprietary rights by a perception of priority needs, thus involving the courts in deliberations of priority. The two approaches are in opposition and the modern approach may not be justifiable until put into a statute.

Priorities of claims and liens

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