Template:2(a)(iii) case table: Difference between revisions

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(Created page with "{| class="wikitable" |+ Caption text {{aligntop}} ! Case !! Date !! Judge !! Issue !! And? !! Status {{aligntop}} | {{Casenote|Enron|TXU}}|| 2003 || NSW Supreme Court || If you suspend under {{isdaprov|2(a)(iii)}} do you eventually have to close out or can you just sit there indefinitely? || You can just sit there for ever. || After global financial crisis this has become less and less popular with regulators, and is often amended (Wait Period) but it is still law. {...")
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Revision as of 09:45, 23 May 2023

Caption text
Case Date Judge Issue And? Status
Enron v TXU 2003 NSW Supreme Court If you suspend under 2(a)(iii) do you eventually have to close out or can you just sit there indefinitely? You can just sit there for ever. After global financial crisis this has become less and less popular with regulators, and is often amended (Wait Period) but it is still law.
Marine Trade v Pioneer 2009 Flaux J (High Court) 1. Can you net under Section 2(a) if there is an ongoing Event of Default?
2. (Obiter) If the Event of Default ceases, do payment obligations resume?
1. No, because the payment is not presently due.
2. No. The obligation is effectively extinguished.
1. Correct.
2. Overruled by Lomas v Firth Rixson.
Pioneer v Cosco 2011 Flaux J (High Court) If the Event of Default ceases, do payment obligations resume? No. The obligation is effectively extinguished. Reversed on appeal (in Lomas v Firth Rixson)
Lomas v Firth Rixson 2012 Longmore LJ (Court of Appeal) If the Event of Default ceases, do payment obligations resume? Yes. The obligation is suspended, not extinguished. Good law.
Pioneer v TMT
Metavante v Lehman