Hancock v Conergy Pty Limited (in liquidation), in the matter of DCM Solar Pty Limited (in liquidation) [2015] FCA 738

FEDERAL COURT OF AUSTRALIA

Hancock v Conergy Pty Limited (in liquidation), in the matter of DCM Solar Pty Limited (in liquidation) [2015] FCA 738 Citation: Hancock v Conergy Pty Limited (in liquidation), in the matter of DCM Solar Pty Limited (in liquidation) [2015] FCA 738

Parties: GEOFFREY TRENT HANCOCK IN HIS CAPACITY AS LIQUIDATOR OF DCM SOLAR PTY LIMITED (IN LIQUIDATION) (ACN 137 772 813) v CONERGY PTY LIMITED (IN LIQUIDATION) (ACN 112 387 569)

File number(s): NSD 249 of 2014

Judge(s): YATES J

Date of judgment: 21 July 2015

Catchwords: CORPORATIONS – voidable transactions – insolvent transactions – whether deed entered into by parties and/or payments made giving effect to deed constitute unfair preferences CORPORATIONS – leave to proceed against company in liquidation

Legislation: Corporations Act 2001 (Cth) ss 9, 95A, 439C, 500, 513A, 513C, 588FA, 588FB, 588FC, 588FE, 588FF, 588FG Federal Court Rules 2011 r 39.06 Income Tax Assessment Act 1936 (Cth) s 95

Cases cited: Australian Securities and Investments Commission v Plymin (2003) 175 FLR 124 Lewis v Doran (2004) 208 ALR 385 Morris v Danoz Directions Pty Ltd (in liq) (No 2) [2010] FCA 836 Playspace Playground Pty Ltd v Osborn [2009] FCA 1486 Re Damilock Pty Ltd (in liq); Lewis and Carter as Liquidators of Damilock Pty Ltd (in liq) v VI SA Australia Pty Ltd (2008) 252 ALR 533 Australian Securities and Investments Commission, Information Sheet 42 – Insolvency: A Guide for Directors (Australian Securities and Investments Commission, 2008) http://www.asic.gov.au/ viewed 21 July 2015 Date of hearing: 6 July 2015