Re: Empireal: a toolkit for investigating pre-administration director conduct

Simon Cathro of Cathro & Partners speaks with Robert True of Quinn Emanuel Urquhart & Sullivan about the NSW Supreme Court’s Re Empireal decision, which rejected a breach of duty claim against a director who appointed administrators before ultimately acquiring the company’s valuable assets, discussing the importance of a director’s genuinely held and rational belief about insolvency, the weight courts place on contemporaneous documents and professional advice, and the key considerations for insolvency practitioners investigating whether an appointment was made for an improper purpose.

Listen to the podcast here.