Grace Fashion Pty Limited (In Liquidation) v Miss Cherry Fashion Pty Ltd [2017] FCA 662

FEDERAL COURT OF AUSTRALIA

Grace Fashion Pty Limited (In Liquidation) v Miss Cherry Fashion Pty Ltd [2017] FCA 662 File number: NSD 479 of 2017

Judge: MARKOVIC J

Date of judgment: 13 June 2017

Legislation: Corporations Act 2001 (Cth) ss 588FA, 588FE and 588FF Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 39.06

Cases cited: Capital Finance Australia Ltd v Tolcher (2007) 164 FCR 83 Deputy Commissioner of Taxation v Sibai [2015] FCA 1465 Speedo Holdings B.V. v Evans (No. 2) [2011] FCA 1227 Yeo v Damos Earthmoving Pty Ltd, in the matter of Beachwood Developments Pty Ltd (in liq) [2011] FCA 1129

Date of hearing: 13 June 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: No Catchwords

Number of paragraphs: 14

Counsel for the Plaintiffs: Mr D Krochmalik

Solicitor for the Plaintiffs: DibbsBarker

Counsel for the Defendant: The defendant did not appear

ORDERS NSD 479 of 2017

BETWEEN: GRACE FASHION PTY LIMITED (IN LIQUIDATION) ACN 093 431 040 First Plaintiff

STEWART WILLIAM FREE IN HIS CAPACITY AS LIQUIDATOR OF GRACE FASHION PTY LTD (IN LIQUIDATION) Second Plaintiff

AND: MISS CHERRY FASHION PTY LTD Defendant

JUDGE: MARKOVIC J DATE OF ORDER: 13 JUNE 2017

THE COURT ORDERS THAT:

1. Judgment for the plaintiffs against the defendant. 2. Pursuant to s 588FF of the Corporations Act 2001 (Cth), the defendant pay to the first plaintiff the sum of $240,252.56, being the amount of $206,228.37 together with pre-judgment interest on that sum from 17 September 2014 to 13 June 2017 totalling $34,024.19. 3. The defendant pay the plaintiffs' costs of the proceeding, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.