Existence of Financial Debt and Corresponding Default is a Sine Qua Non for Initiating Proceedings u/s 7 of IBC

The tribunal considered the reasons made by each party and maintained the Adjudicating Authority’s ruling that the Appellant’s Section 7 petition was malicious and fraudulent. The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, upheld the adjudicating authority’s ruling and dismissed a Section 7 petition under the Insolvency Bankruptcy Code (IBC), 2016, finding…

Creditor personal information and privacy issues i…

Two recent decisions of the Federal Court have engaged with the interface of privacy rights arising pursuant to legislation and dealing with creditor personal information as required by the Corporations Act 2001 (Cth). Personal information protected under the Privacy Act 1988 (Cth) includes information about an identified individual, or an individual who is reasonably identifiable.…