Federal Court of Australia
Federal Court of Australia
5G Developments Pty Ltd (in liq) v Massie, in the matter of 5G Developments Pty Ltd (in liq) [2021] FCA 791
File number(s): NSD 1536 of 2019
Judgment of: STEWART J
Date of judgment: 13 July 2021
Catchwords: CORPORATIONS – insolvency – application pursuant to ss 90-15 and 90-20 of Sch 2 to the Corporations Act 2001 (Cth) to set aside adjudication of proof of debt by a special purpose liquidator – application by a director of the corporation in liquidation – onus on the application – nature of review of the adjudication – de novo hearing – whether financial statements were impermissibly altered – timing of a payment that purportedly discharged a debt – whether joint ventures existed to develop properties CONTRACTS – guarantee – whether guarantor was a principal debtor or guarantor pursuant to variations of the agreement
Legislation: Corporations Act 2001 (Cth) Sch 2, ss 90-15, 90-20 Evidence Act 1995 (Cth) s 64(3) Federal Court (Corporations) Rules 2000 (Cth) rr 4.2, 14.1 Limitation Act 1969 (NSW) s 14
Cases cited: Friend v Brooker [2009] HCA 21; 239 CLR 129 Hooper v Lock (in liq) [2016] FCA 298 Israel v Foreshore Properties Pty Ltd (1980) 30 ALR 631 Marsland v Gamble [2002] WASC 213 Re Azmac Pty Ltd (in liq) [2020] NSWSC 204; 146 ACSR 113 Re Bluechip Development Corporation (Cairns) Pty Ltd (in liq) (recs and mgrs apptd) [2013] FCA 1281 Re DH International Pty Ltd (in liq) [2017] NSWSC 870; 121 ACSR 585 Re Galaxy Media Pty Ltd [2001] NSWSC 917; 39 ACSR 483 Re Hayes (Liquidator) v 5G Developments Pty Ltd [2019] FCA 1541 Re Jay-O-Bees Pty Ltd (in liq) [2004] NSWSC 818; 50 ASCR 565 Re Young in his capacity as liquidator of Great Wall Resources Pty Ltd (in liq); Capocchiano v Young [2013] NSWSC 879 Sands Contracting Pty Ltd v Cant [2021] FCA 638 Sunbird Plaza Pty Ltd v Maloney [1988] HCA 11; 166 CLR 245 Tanning Research Laboratories Inc v O'Brien [1990] HCA 8; 169 CLR 332 Westpac Banking Corp v Totterdell (1998) 20 WAR 150
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