Joubert in his capacity as liquidator of Barry Ling Pty Ltd (in liquidation) v Jones [2013] NSWSC 280

Supreme Court New South Wales

Medium Neutral Citation: Joubert in his capacity as liquidator of Barry Ling Pty Ltd (in liquidation) v Jones [2013] NSWSC 280 Hearing dates: 15 March 2013 Decision date: 02 April 2013 Before: McCallum J Decision: Appeal against verdict for first defendant dismissed; appeal against verdict for second defendant allowed; verdict for second defendant set aside; in lieu thereof verdict entered for plaintiff against second defendant Catchwords: CORPORATIONS - insolvency - appeal by liquidator against decision of Local Court dismissing claim for orders under s 588FF of the Corporations Act - whether Court erred in holding second defendant was not a party to the impugned transaction - where participation in transaction admitted on the pleadings - whether open to find that defence under s 588FG(2) established by second defendant - failure to call second defendant to give evidence - requirements of defence not capable of being met Legislation Cited: Corporations Act 2001 (Cth) Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Cook's Construction Pty Ltd v Brown [2004] NSWCA 105 Dean-Willcocks v Commissioner of Taxation [2004] NSWSC 1058 Sims v ABC Tissue Products Pty Ltd [2008] NSWSC 192 Category: Principal judgment Parties: Randall Joubert (plaintiff) Allan Jones (first defendant) Jacqueline Jones (second defendant) Representation: Counsel: S Golledge (plaintiff) R D Marshall (defendants) Solicitors: Polczynski Lawyers (plaintiff) Bartier Perry (defendant) File Number(s): 2013/12643 Publication restriction: None