New HCA Judgment

One new judgment was published today. We'll have the summary up soon but for now:

Lehman Brothers Holdings Inc v City of Swan & Ors [2010] HCA 11

I posted a few weeks ago that the High Court had made orders allowing the appeal in this case. Today they have published their reasons for doing so. The question for the Court was essentially whether a Deed of Company Arrangement can compromise debts and claims of the subject company in such a manner that it also compromises claims of the creditors against third parties. The High Court has found (French CJ, Gummow, Hayne and Kiefel JJ (Heydon J dissenting)) that it cannot, as a DoCA cannot force creditors without their consent to release third parties from claims.

[UPDATE 17/6/10: lamp post summary is now here.]