Federal Court of Australia
Federal Court of Australia
Park, in the matter of Queensland Nickel Pty Ltd (in liq) (Statutory Interest) [2024] FCA 1300 File number(s): QUD 291 of 2024
Judgment of: DOWNES J
Date of judgment: 8 November 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – construction of s 563B of the Corporations Act 2001 (Cth) – meaning of "admitted debt or claim" – whether conduct in pleading and leading evidence about liabilities of company in proceeding brought against third party constitutes admission of those debts within meaning of s 563B – whether agreement to fix amount of creditor's debt which was incurred before relevant date has consequence that interest is not payable under s 563B
Legislation: Corporations Act 2001 (Cth) ss 553, 553D, 554, 554A, 555, 556, 563A, 563B Corporations Regulations 2001 (Cth) regs 5.6.47, 5.6.48
Cases cited: Australian Securities and Investments Commission v Bettles (2023) 169 ACSR 244; [2023] FCA 975 Australian Securities and Investments Commission v Edge (2007) 211 FLR 137; [2007] VSC 170 Australian Securities and Investments Commission v McDermott, in the matter of Conalpin Pty Ltd (in liq) [2016] FCA 1186 Challis v Hoffmann (2017) 121 ACSR 585; [2017] NSWSC 870 Duke Group Ltd (in liq) v Arthur Young (No 2) (1991) 4 ACSR 355 Forex Capital Trading Pty Ltd (in liq) v Invesus Group Limited [2024] NSWSC 867 McGrath v Sturesteps (2011) 81 NSWLR 690; [2011] NSWCA 315 McMillan Investment Holdings Pty Ltd v Morgan (2023) 295 FCR 543; [2023] FCAFC 9 Park, in the matter of Queensland Nickel Pty Ltd (in liq) (No 3) [2022] FCA 1301 Park, in the matter of Queensland Nickel Pty Ltd (in liq) [2024] FCA 912 Queensland Nickel Sales Pty Ltd v Park in his capacity as liquidator of Queensland Nickel Pty Ltd (in liq) (2023) 299 FCR 169; [2023] FCAFC 150 Tanning Research Laboratories Inc v O'Brien (1987) 11 ACLR 778 Tuscan Capital Partners Pty Ltd v Trading Australia Pty Ltd (in liq), in the matter of Trading Australia Pty Ltd (in liq) (Proof of Debt) (2021) 156 ACSR 553; [2021] FCA 1061
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