Arrium: Is it ‘commercial reality’ to conclude that a
2021year10month13day · Justice Ball’s approach in Arrium required the plaintiffs to prove, to ‘a high degree of certainty’ and based upon known or knowable facts at the ‘snapshot date’, a prediction that the company would not pay a debt falling due 18 months later. In Bell Group on the other hand, Justice Owen considered that, to conclude solvency as at a snapshot
