Hooper v Lock [2016] FCA 298

FEDERAL COURT OF AUSTRALIA

Hooper v Lock [2016] FCA 298

File numbers: NSD 235 of 2014 NSD 236 of 2014

Judge: MCKERRACHER J

Date of judgment: 24 March 2016

Catchwords: BANKRUPTCY AND INSOLVENCY – indebtedness of company in liquidation – rejection of proof of debt forms by company liquidator – burden of proving the asserted indebtedness – consequences of lodging proof of debt form with administrators rather than liquidators – whether the creditor acts in a way towards the liquidator which in effect puts forward the document as a proof of debt intended to be assessed by the liquidator – relevance of the creditors' subjective intent BANKRUPTCY AND INSOLVENCY – indebtedness of company in liquidation – rejection of proof of debt forms by company liquidator – power of the liquidator pursuant to reg 5.6.47 of the Corporations Regulations 2001 (Cth) to reject a debt or claim without requiring that a formal proof of debt be lodged – whether the liquidators satisfied the requirements of reg 5.6.47 – whether the liquidators rejected the plaintiffs' proofs of debt without requiring that a formal proof of debt be lodged based on the facts of the case BANKRUPTCY AND INSOLVENCY – indebtedness of company in liquidation – rejection of proof of debt forms by company liquidator – entitlement of plaintiffs to appeal against the rejection of the proofs of debt as formal proofs of debt – whether the claim sought to be proven is a true liability of the company enforceable against it according to law – claimant bears the onus of demonstrating that the liquidator was wrong in rejecting the proof of debt on the basis of admissible evidence in a hearing de novo – consideration of claims of indebtedness by company to husband and wife directors and shareholder