Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pleash v Bezel Pty Ltd [2024] FCA 1440 File number(s): NSD 1160 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 13 December 2024
Catchwords: CORPORATIONS – application by company and its liquidator to recover loans made to related companies – where sole director of the related companies purportedly executed deeds of forgiveness in relation to the loans – whether loans to be construed so as to reconcile inconsistencies on the face of the deeds or otherwise rectified – whether the loans were forgiven as a result of the forgiveness deeds – whether company has standing to recover any debt owed as a result of a deed of variation replacing the trustee – Held: relief granted EQUITY – whether estopped from recovering the loans on the basis of reliance on the alleged forgiveness deeds and/or waiver – whether the loans were made by the company in its capacity as a corporate trustee or in its own right – whether the debt choses are trust property – Held: waiver not established, estoppel not established, applicants entitled to relief
Legislation: Bankruptcy Act 1966 (Cth) s 82 Corporations Act 2001 (Cth) s 1317 Federal Court Rules 2011 (Cth) r 30.21(b) Australian Consumer Law (Qld) s 236 Civil Liability Act 2003 (Qld) s 60 Property Law Act 1974 (Qld) s 228
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