Ross (Liquidator) in the matter of Print Mail Logistics (International) Pty Ltd (In Liq) v Elias [2021] FCAFC 203

FEDERAL COURT OF AUSTRALIA

Ross (Liquidator) in the matter of Print Mail Logistics (International) Pty Ltd (In Liq) v Elias [2021] FCAFC 203 Appeal from: Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419

File number(s): QUD 158 of 2021

Judgment of: GREENWOOD, ANDERSON AND DOWNES JJ

Date of judgment: 18 November 2021

Catchwords: CORPORATIONS – assessment of solvency of company – commercial reality was that parent company would provide financial support as it had done previously – where parent company provided guarantee in relation to transaction – whether subsidiary had degree of assuredness of that support EVIDENCE – failure by liquidators to call witness – signature and handwriting of witness appeared on disputed agreement – witness not called to explain connection between deposit of funds into bank account and alleged loan agreement – no witness called to explain discrepancies between three versions of disputed agreement – no error shown by trial judge in drawing inferences from failure to call witnesses

Cases cited: Blatch v Archer (1774) 98 ER 969 Jones v Dunkel (1959) 101 CLR 298 Ross, in the matter of Print Mail Logistics (International Pty Ltd (in liq) v Elias [2021] FCA 419

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 66

Date of hearing: 16 November 2021

Counsel for the Appellants: Mr B A Hall

Solicitor for the Appellants: AJ & Co Lawyers