Federal Court of Australia
Federal Court of Australia
Project Noah Holdings Pty Ltd (in liq) v Jacka [2022] FCA 778 File number: QUD 16 of 2022
Judgment of: DERRINGTON J
Date of judgment: 14 April 2022
Catchwords: INSOLVENCY – liquidator's action to recover property of the company in liquidation – recovery sought under Part 5.7B of the Corporations Act 2001 (Cth) – claims relating to insolvent trading, uncommercial transactions and unreasonable director-related transactions PRACTICE AND PROCEDURE – application for judgment in default of pleading – defendants all failed to file a defence or notice of address for service – allegations in statement of claim and evidence from liquidator established plaintiffs' entitlement to relief
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 32
Date of hearing: 14 April 2022
Solicitor for the Plaintiffs: Mr C Hagon of Enyo Lawyers
Counsel for the Defendants: The Defendants did not appear
ORDERS QUD 16 of 2022
BETWEEN: PROJECT NOAH HOLDINGS PTY LTD (IN LIQUIDATION) ACN 624 277 149 First Plaintiff
CHRISTOPHER JOHN BASKERVILLE IN HIS CAPACITY AS THE LIQUIDATOR OF PROJECT NOAH HOLDINGS PTY LTD (IN LIQUIDATION) ACN 624 277 149 Second Plaintiff
AND: SHAUN JACKA First Defendant
FREMANTLE GOURMET PTY LTD ACN 169 451 923 Second Defendant
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