Federal Court of Australia
Federal Court of Australia
Kim v Ghedia, in the matter of Hammoud Investments Pty Ltd (in liq) [2023] FCA 253 File number(s): NSD 35 of 2022
Judgment of: JACKMAN J
Date of judgment: 8 March 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – external administration – proof and ranking of claims – admission of proof of debt by liquidators – appeal against admission of proof of debt under the Corporations Act 2001 (Cth), sch 2, s 90-15 – where purported debt arises from oral agreement – whether reliance should be placed on later formal loan agreement – whether reliance should be placed on balance sheet CONTRACTS – formation – whether oral conversation formed a contract – where conversation was between family members – where no direct challenge to evidence of conversation occurring – whether intention to enter binding legal relations – whether there is a presumption in the context of family relations that there is no intention to enter binding legal relations – where contract is made by one person acting in different capacities – whether alternative action in debt was available
Legislation: Corporations Act 2001 (Cth) s 1305; sch 2, s 90-15
Cases cited: Re Azmac Pty Ltd (in liq) (2020) 146 ACSR 113 Young v Queensland Trustees Ltd (1956) 99 CLR 560
Division: General Division
Registry: New South Wales
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