Question
Sailor Yachts Pty Ltd ( SY ) operates a boat building business in New South Wales. The major supplier of finance to SY was ABC
Sailor Yachts Pty Ltd (SY) operates a boat building business in New South Wales. The major supplier of finance to SY was ABC Bank who entered into a loan arrangement with SY in which it took a security interest over the whole of SY's business in return for a 1 million dollar loan. The loan document provided that ABC Bank had the right to appoint a receiver where there was a default by SY in the payment of their loan.
There has been a dramatic downturn in the boatbuilding business and SY has missed two consecutive loan repayments owed to ABC Bank. On 1 November 2020, Samantha was appointed as receiver of SY.
Samantha decides to sell all of SY's yachts.The directors of SY told Samantha that one of the yachts is particularly rare and worth much more than the others. Samantha takes no notice and sells all the boats to Yankey's Yachts Pty Ltd. Samantha did not advertise the boats for sale or negotiate on price.
Samantha decides the boat hire part of the business is profitable and continues this part of the business. However, the 25 employees involved in boat building are dismissed.
Samantha seeks your advice as to her rights and duties as a receiver?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started