Opac Pty. Ltd v. Coxhead J.B. & Anor [1995] FCA 600

CATCHWORDS CORPORATIONS LAW - application pursuant to s. 592 Corporations Law for orders rendering first respondent personally liable for a debt incurred by second respondent - whether reasonable grounds to expect second respondent company would not be able to pay all its debts - whether reasonable grounds to expect that if second respondent company incurred the debt it would not be able to pay all its debts as and when they became due. Corporations Law: s. 592 OPAC PTY LIMITED v JONATHAN BRUCE COXHEAD and IDB COMMUNICATIONS PTY LIMITED G 3365 of 1994

LOCKHART J. SYDNEY 11 AUGUST 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. G3365 of 1994 ) GENERAL DIVISION ) BETWEEN: OPAC PTY LIMITED Applicant AND: JONATHAN BRUCE COXHEAD First Respondent AND: IDB COMMUNICATIONS PTY LIMITED Second Respondent JUDGE MAKING ORDER: LOCKHART J. WHERE ORDER MADE: SYDNEY DATE ORDER MADE: 11 AUGUST 1995

MINUTE OF ORDER THE COURT DECLARES THAT: 1. Jonathan Bruce Coxhead, a director of BBC Computer and Communication Services Pty Limited, contravened s. 592(1) of the Corporations Law in relation to the incurring by that company of a debt to Opac Pty Limited on or about 5 May 1989 in the sum of $18,205 and that he is liable for the payment of the unpaid portion of that debt, namely, $4,469 to Opac Pty Limited. 2. Jonathan Bruce Coxhead is liable to pay to Opac Pty Limited the sum of $4,469, plus interest pursuant to s. 51A of the Federal Court of Australia Act 1976 in the sum of $2,801.39, a total of $7,270.39. THE COURT ORDERS THAT: 1. Jonathan Bruce Coxhead pay the costs of Opac Pty Limited of this proceeding including reserved costs. 2. Opac Pty Limited pay the costs of IDB Communications Pty Limited of this proceeding.