Steven Naidenov trading as in his capacity as Liquidator of Tyres for Less Pty Ltd (in liquidation) and Anor v Unique Motor Group Pty Ltd [2024] NSWDC 406

District Court New South Wales

Medium Neutral Citation: Steven Naidenov trading as in his capacity as Liquidator of Tyres for Less Pty Ltd (in liquidation) and Anor v Unique Motor Group Pty Ltd [2024] NSWDC 406 Hearing dates: 19 August 2024 Date of orders: 19 August 2024 Decision date: 19 August 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) Order the Defendant pay the first Plaintiff the sum of $43,155.73 inclusive of interest calculated at the Court rates up to today. (2) Order the Defendant pay the Company the sum of $411,521.44 again inclusive of interest up to today. (3) Order that the Defendant pay the Plaintiffs' costs on the ordinary basis up to and including 8 March 2024, and thereafter on an indemnity basis. Catchwords: CORPORATIONS — Winding up — Claim by liquidator of company in liquidation for damages caused by alleged "insolvent transaction" being a "voidable" and "uncommercial" transaction entered into within 2 years of the "relation back date" – Evidence – Proof of insolvency – Claim for interest – Claim for outstanding debt - Proof Legislation Cited: Corporations Act 2001 (Cth) s 588FE; s 436A; s 588FB; s 588FC; s 286; s 588FF Category: Principal judgment Parties: Steven Naidenov, trading as in his capacity as Liquidator of Tyres for Less Pty Ltd (in liquidation) (First Plaintiff) Tyres For Less (in liquidation) (Second Plaintiff)

Unique Motor Group Pty Ltd (Defendant) Representation: Counsel: W Doble (Plaintiff) J Tomaras (Defendant)

Solicitors: Gadens Lawyers (Plaintiff) Acme Consulting (Defendant) File Number(s): 2022/161564 Publication restriction: Nil