Rathner in his capacity as Official Liquidator of Kalimand Pty Ltd (in liq) v Hawthorn [2014] FCA 1067

FEDERAL COURT OF AUSTRALIA

Rathner in his capacity as Official Liquidator of Kalimand Pty Ltd (in liq) v Hawthorn [2014] FCA 1067 Citation: Rathner in his capacity as Official Liquidator of Kalimand Pty Ltd (in liq) v Hawthorn [2014] FCA 1067

Parties: GIDEON ISAAC RATHNER IN HIS CAPACITY AS OFFICIAL LIQUIDATOR OF KALIMAND PTY LTD (IN LIQUIDATION) (ACN 060 251 827) and KALIMAND PTY LTD (IN LIQUIDATION) (ACN 060 251 827) v PETER JOHN GEORGE HAWTHORN (ALSO KNOWN AS PETER HAWTHORN AND PETER HAWTHORNE) and HIGH COUNTRY MEATS (VIC) PTY LTD (ACN 129 162 394)

File number: VID 105 of 2014

Judge: GORDON J

Date of judgment: 8 October 2014

Catchwords: CORPORATIONS – Company wound up – Voidable transactions – Identification of transaction – Insolvent transactions – Meaning of becoming insolvent "because of" entering into transaction – Uncommercial transactions EVIDENCE – Transcript of public examination of director – Whether admissible against company – Exception to hearsay rule

Legislation: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Allianz Australia Insurance Ltd v GSF Australia Pty Ltd (2005) 221 CLR 568 Fodare Pty Ltd v Shearn [2010] NSWSC 737 Lewis (as liq of Doran Constructions Pty Ltd (in liq)) v Doran [2005] NSWCA 243 March v E & MH Stramere Pty Ltd (1991) 171 CLR 506 McDonald v Hanselmann & Anor [1998] NSWSC 171 Re Chircan Holdings [2002] NSWSC 988 Re Emanuel (No 14) Pty Ltd (in liq); Macks v Blacklaw & Shadforth Pty Ltd (1997) 147 ALR 281 Skouloudis Group Pty Ltd (in liq) & Anor v Planet Enterprizes Pty Ltd [2002] NSWSC 239 Southern Equities Corp Ltd (in liq) v Bond (2001) 78 SASR 554 Tosich Construction Pty Ltd (in liq) & Anor v Tosich (1997) 23 ACSR 466 Wily v Lo Presti [1997] NSWSC 588 Australian Corporation Law Principles & Practice (LexisNexis Australia, subscription service) (update 192)