In the matter of Alora Davies Developments 104 Pty Ltd [2021] NSWSC 1583

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Alora Davies Developments 104 Pty Ltd [2021] NSWSC 1583 Hearing dates: 7 June 2021 Date of orders: 7 December 2021 Decision date: 07 December 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Proceedings dismissed. Catchwords: CORPORATIONS — winding up — liquidator's adjudication of proof of debt — appeal to Court from liquidator's decision — whether plaintiff has discharged its onus of establishing that the debts were true liabilities of the Company as at the date of winding up — whether the plaintiff has adduced sufficient evidence to discharge said onus – no issue of principle Legislation Cited: Corporations Act 2001 (Cth), s 1321, Sch 2 (Insolvency Practice Schedule) s 90-15 Cases Cited: In the matter of Azmac Pty Ltd (in liq) (2020) 146 ACSR 113; [2020] NSWSC 204 In the matter of Fixed Interest Pty Ltd [2017] NSWSC 1872 In the matter of St Gregory's Armenian School Inc (2015) 109 ACSR 27; [2015] NSWSC 1465 Lawrence v Ciantar [2020] NSWCA 89 Warner v Hung; In the matter of Bellpac Pty Ltd (recs and mgrs apptd) (in liq) (No. 2) (2011) 297 ALR 56; [2011] FCA 1123 Category: Principal judgment Parties: Alora Property Group Pty Ltd (ACN 168 323 153) ATF Alora Property Group Trust (Plaintiff) Henry McKenna as Liquidator of Alora Davies Developments 104 Pty Ltd (Defendant) Representation: Counsel: Ms I J King (Plaintiff) N/A (Defendant)

Solicitors: Wilshire Webb Staunton Beattie (Plaintiff) N/A (Defendant) File Number(s): 2021/66035 Publication restriction: N/A