Investwell Pty Ltd (in liquidation) v Daryl Leon Roberts [2011] NSWSC 783

Supreme Court New South Wales

Medium Neutral Citation: Investwell Pty Ltd (in liquidation) v Daryl Leon Roberts [2011] NSWSC 783 Hearing dates: 28 June 2011 Decision date: 28 June 2011 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: Orders against the defendant under s 588FF(1)(a) of the Corporations Act 2001(Cth) for the payment to the company of $164,306.83 plus interest and costs. Orders for the payment by the first and second respondents to the defendant of $45,807 under the indemnity given by them to him. Catchwords: CORPORATIONS - winding up - ss 95A, 588E(3), 588FA, 588FC, 588FE and 588FF(1)(a) Corporations Act 2001 (Cth) - unfair preference - payment to director where company insolvent - where contract between company and director entitled director to call for security but he did not do so - payment unsecured - order made for payment of equivalent amount to company Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Sims v Deputy Commissioner of Taxation (2007) 69 ATR 186 Category: Principal judgment Parties: Investwell Pty Ltd (In Liquidation) - Plaintiff Daryl Leon Roberts - First Defendant James Patrick Normoyle - First Respondent Anne-Maree Elizabeth Huxley - Second Respondent Representation: Counsel: C.M. Harris SC - Plaintiff D.L. Roberts - Self-Represented - First Defendant J. Rivett - First and Second Respondents Solicitors: Colin Biggers & Paisley - Plaintiff The Affordable Legal Company Pty Ltd - First and Second Respondents File Number(s): 2009/290079