Federal Court of Australia
Federal Court of Australia
Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad [2021] FCA 1562 File number: NSD 797 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 13 December 2021
Catchwords: PRACTICE AND PROCEDURE – inter partes application by the applicants for freezing orders against the first respondent – where the first respondent is the sole shareholder of the company in liquidation and an alleged de facto or shadow director – where the sole director prior to the liquidators' appointment is the mother of the first respondent and is presently bankrupt - where on the day of the liquidators' appointment transfers out of the company's accounts were made by the first respondent and his mother to third parties - where the liquidator alleges that the first respondent knowingly induced and procured the impugned transfers in breach of trust or in breach of his fiduciary duties - where the liquidator alleges the first respondent is liable for the company incurring debts while insolvent – whether the applicants have established a prima facie case – whether there is a risk of dissipation of assets – Held: application unsuccessful
Legislation: Federal Court of Australia Act 1976 (Cth), s 23 Federal Court Rules 2011 (Cth), rr 7.32, 7.33
Cases cited: Cardile v LED Builders Pty Ltd [1999] HCA 18; (1999) 198 CLR 380 Beach Petroleum NL v Johnson (1992) 9 ACSR 404 Deputy Commissioner of Taxation v Chemical Trustee Ltd (No 4) [2012] FCA 1064; (2012) 90 ATR 711 Deputy Commissioner of Taxation v Huang [2021] HCA 43 Deputy Commissioner of Taxation v Hua Wang Bank Berhad [2010] FCA 1014; (2010) 273 ALR 194 KTC v Singh & Ors [2018] NSWSC 1510 Ninemia Maritime Corporation v TraveSchiffahrtsgesellschaft mbH UND CO KG [1983] 1 WLR 1412 National Australia Bank Ltd v Bond Brewing Holdings Limited [1990] HCA 10; (1990) 169 CLR 271 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Rentokil Initial Pty Ltd v Kelly [2021] FCA 1119 RRG Nominees Pty Ltd v Visible Temporary Fencing Australia Pty Ltd [2017] FCA 1352 Spotlight Pty Ltd v Mehta [2019] FCA 1796
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