Lifestyle Holdings Australia & New Zealand Pty Ltd, in the matter of Venice Lane Pty Ltd (in liq) v Wu [2023] FCA 795

Federal Court of Australia

Lifestyle Holdings Australia & New Zealand Pty Ltd, in the matter of Venice Lane Pty Ltd (in liq) v Wu [2023] FCA 795 File number(s): VID 673 of 2022

Judgment of: BUTTON J

Date of judgment: 13 July 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – where company is in liquidation – where company's liquidator has claims against first defendant in relation to voidable transactions – where the liquidator has assigned claims against the defendants to the plaintiff creditor – whether liquidator can assign statutory causes of action under s 588FF of the Corporations Act 2001 pursuant to s 100-5 of the Insolvency Practice Schedule (Corporations) – orders made for payment of judgment sum to the assignee, pursuant to deed of assignment PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(c) of the Federal Court Rules 2011 – where first defendant has not filed a notice of appearance – where first defendant has not filed a defence – where first defendant has not appeared at hearing – plaintiff entitled to relief against first defendant for sum pursuant to s 588FF(1) of the Corporations Act 2001 in relation to voidable transactions – relief granted

Legislation: Corporations Act 2001 (Cth) ss 9, 91, 513C, 588FA, 588FB, 588FC, 588FDA, 588FE, 588FF Insolvency Practice Schedule (Corporations), Sch 2 to the Corporations Act 2001 (Cth) s 100-5 Federal Court Rules 2011 (Cth) rr 5.22, 5.23

Cases cited: Aquisite Pty Ltd v Moss [2023] FCA 410 Chamberlain Group Inc v Giant Alarm System Co Ltd (No 2) [2019] FCA 1606