Re MF Global Australia Ltd (in liq); Hopper v Campbell in his capacity as liquidator of MF Global Australia Ltd (in liq) [2015] NSWSC 1409

Supreme Court New South Wales

Medium Neutral Citation: Re MF Global Australia Ltd (in liq); Hopper v Campbell in his capacity as liquidator of MF Global Australia Ltd (in liq) [2015] NSWSC 1409 Hearing dates: 17 July, 21 – 23 July 2015 Decision date: 25 September 2015 Before: Black J Decision: Direct the parties to bring in agreed short minutes of order to give effect to this judgment within 14 days or, if there is no agreement between them, their respective short minutes of order and short submissions as to any differences between them. Catchwords: CORPORATIONS – winding up – appeal from a decision of liquidator rejecting a proof of debt – where proof of debt related to purported employment entitlements of the Plaintiff – whether the Court should reverse or modify the rejection of the proof of debt

CONTRACTS – general contractual principles – formation of contract – where discussions occurred between Plaintiff and his employer relating to potential working opportunity in the United States – where Plaintiff argued oral agreement was formed – whether contract was formed and if so on what terms. Legislation Cited: - Corporations Act 2001 (Cth) ss 128, 129, 556, 1321, 1321(1) - Long Service Leave Act 1955 (NSW) s 3(1)

- Corporations Regulations 2001 (Cth) reg 5.6.54 Cases Cited: - Ashton v Pratt [2015] NSWCA 12; (2015) 318 ALR 260 - Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd (1975) 133 CLR 72 - Craig v Silverbrook [2013] NSWSC 1687 - Freeman & Lockyer (a firm) v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 - Geebung Investments v Varga Investments (1995) 7 BPR 14,551 - Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549 - Hightime Investments Pty Ltd v Adamus Resources Ltd [2012] WASC 295 - J C Houghton and Co v Nothard, Lowe and Wills Ltd [1928] AC 1 - Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 - Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 - Mouti v Nguyen [2015] NSWCA 93 - Ormwave Pty Ltd v Smith [2007] NSWCA 210 - Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; (2004) 218 CLR 451 - Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 - Re Jay-O-Bees Pty Ltd (in liq) [2004] NSWSC 818; (2004) 50 ACSR 565 - Re Young in his capacity as Liquidator of Great Wall Resources Pty Ltd (in liq); Capocchiano v Young [2013] NSWSC 879 - Ryledar Pty Ltd v Euphoric Pty Ltd [2007] NSWCA 65; (2007) 69 NSWLR 603 - State of New South Wales v Hunt [2014] NSWCA 47 - Tanning Research Laboratories Inc v O'Brien [1990] HCA 8; (1990) 169 CLR 332 - Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 - Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Garry Raymond Hopper (Plaintiff) Christopher Robert Campbell in his capacity as liquidator of MF Global Australia Limited (in liquidation) (First Defendant) David John Frank Lombe in his capacity as liquidator of MF Global Australia Limited (in liquidation) (Second Defendant) Vaughan Neil Strawbridge in his capacity as liquidator of MF Global Australia Limited (in liquidation) (Third Defendant) Representation: Counsel: S B Docker (Plaintiff) I R Pike SC/R M Foreman (Defendants)