Giles Geoffrey Woodgate v Helen Margaret Fawcett [2008] NSWSC 868

Reported Decision : 67 ACSR 611

New South Wales Supreme Court

CITATION : Giles Geoffrey Woodgate v Helen Margaret Fawcett [2008] NSWSC 868 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 13, 14 & 15 August 2008 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 15 August 2008

Judgment for the second plaintiff against the defendant in the amount of $45,000.00 together with interest from 15th March 2006 in the sum of $10,522.00. Judgment for the second plaintiff against the defendant in the amount of $136,500.00 together with interest from 17 November 2006 in the sum of $23,607.00. DECISION : Order pursuant to s 588FF(1)(a) that the defendant pay the second plaintiff the amount of $2,593,295.44 together with interest from 17th March 2006 in the sum of $605,066.00. The order made by the Court on 29th November 2007 extending the operation of Caveats Nos. AC293305 and AC293341 lodged by the second plaintiff over the land in Certificates of Title Folio Identifiers 8/SP2791 and 181/7866 respectively, is vacated. The defendant is to pay the costs of the plaintiffs of the proceedings including reserved costs, which costs are to be assessed on an indemnity basis from 10th January 2007.

CATCHWORDS : CORPORATIONS – Corporations Act 2001 (Cth) claim for an order under s 588FF(1)(a) that defendant pay to the company amount paid by company to discharge monies owed by her to third party creditor on the basis that transaction was an unfair preference under s 588FA(1) and unreasonable director-related transaction under s 588FDA(1) – insolvency - whether company was insolvent - s 588FG(2) - statutory defence raised but not established