Naidenov as liquidator of Peach & Co Pty Ltd (in liquidation) CAN 161 445 790 v Anderson [2024] NSWDC 488

District Court New South Wales

Medium Neutral Citation: Naidenov as liquidator of Peach & Co Pty Ltd (in liquidation) CAN 161 445 790 v Anderson [2024] NSWDC 488 Hearing dates: 9 October 2024 Date of orders: 9 October 2024 Decision date: 09 October 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) The Defendant to pay the second Plaintiff the amount of $362,997.83, pursuant to s 588FF(c) of the Corporations Act 2001 (Cth), inclusive of interest up to 9 October 2024. (2) The Defendant to pay the Plaintiff's costs of the proceedings. Catchwords: CORPORATIONS – Winding up – Claim by liquidator for recovery of unreasonable director-related transactions – Money paid by company to sole director's mother – Defence of loan – Evidence – Proof – Distinction between unreasonable director-related transaction claim and claim for preferences – No need for company to be insolvent – Defences to preference claim not available Legislation Cited: Corporations Act 2001 (Cth) s 9; s 588; s 588FC; s 588FDA; s 588FF Evidence Act 1995 (NSW) s 69 Cases Cited: Blatch v Archer (1774) 1 Cowp 63 at 65; 98 ER 969 Re Bryve Resources Pty Ltd [2022] NSWSC 647 Re Lesvos Pty Ltd [2012] NSWSC 1288 Woodgate v Fawcett [2008] NSWSC 868 D Pty Ltd (in liq) v Calas [2016] FCA 1409 Category: Principal judgment Parties: Steve Naidenov as liquidator of Peach & Co Pty Ltd (Plaintiff) Rebecca Anderson (Defendant) Representation: Counsel: R Notley (Plaintiff) D Allen (Defendant)