British Eagle Revisited – Airlines 'Jumping The Queue' in Insolvency

Journal of International Banking Law and Regulation, p. 354, 2008

Journal of Banking and Finance Law and Practice, Vol. 19, No. 35, 2008

20 Pages Posted: 9 Feb 2011

See all articles by Rhys Bollen

Rhys Bollen

Monash University - Faculty of Law

Date Written: February 6, 2008

Abstract

The High Court has upheld the International Air Transport Association’s claims about the effect of its clearing house system in relation to the insolvency of Ansett Australia.This article examines this significant decision in the field of payment systems, multilateral netting and set-off. The case departs from the previous leading case in the area (British Eagle) and clarifies some of the legal uncertainty that prompted the passing of special netting legislation in a number of countries.

Suggested Citation

Bollen, Rhys A., British Eagle Revisited – Airlines 'Jumping The Queue' in Insolvency (February 6, 2008). Journal of International Banking Law and Regulation, p. 354, 2008, Journal of Banking and Finance Law and Practice, Vol. 19, No. 35, 2008, Available at SSRN: https://ssrn.com/abstract=1756687

Rhys A. Bollen (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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