NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Coffey EMS Pty Ltd (In liquidation) — WGE Pty Ltd v Morris [2022] NSWSC 449 Hearing dates: 30 March 2021 Date of orders: 13 April 2022 Decision date: 13 April 2022 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Proceedings dismissed with costs. Catchwords: CORPORATIONS — insolvent trading — creditor claim to recover loss suffered by reason of Company's insolvency following alleged contravention of s 588G by Company's sole director — failure to prove elements of alleged contravention — proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) s 100 Corporations Act 2001 (Cth), ss 286, 436A, 588G, 588H, 588M, 588R Cases Cited: Australian Securities and Investments Commission v Plymin (No. 1) (2003) 175 FLR 124; (2003) 46 ACSR 126; [2003] VSC 123 Blatch v Archer (1774) 1 Cowp. 63; 98 ER 969 Ho v Powell (2001) 52 NSWLR 572; [2001] NSWCA 168 Re Custom Bus Australia Pty Ltd (in liq) [2021] NSWSC 1036 Treloar Constructions Pty Ltd v McMillan (2017) 318 FLR 58; (2017) 120 ACSR 130; [2017] NSWCA 72 Category: Principal judgment Parties: WGE Pty Ltd (ACN 001 596 569) (Plaintiff) John Richard Morris (Defendant) Representation: Counsel: Mr P Folino Gallo (Plaintiff) Mr G Carolan (Defendant)
Solicitors: Hansons Lawyers (Plaintiff) Wollongong Legal (Defendant) File Number(s): 2020/44592 Publication restriction: N/A
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