In the matter of Hawden Property Group Pty Ltd (in liq) (ACN 003 528 345) [2018] NSWSC 481

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hawden Property Group Pty Ltd (in liq) (ACN 003 528 345) [2018] NSWSC 481 Hearing dates: 11 April 2018 Date of orders: 20 April 2018 Decision date: 20 April 2018 Before: Gleeson JA Decision: (1) Confirm the decision made by John Vouris, as the liquidator of Hawden Property Group Pty Ltd (in Liq) (Hawden Property) on 17 March 2016 to admit the proof of debt lodged by the controlling trustee of the bankrupt estate (the Hawes Estate) of David Richard Hawes for $9,648.05 (the Hawes Debt) subject to set-off under s 553C(1) of the Corporations Act, 2001 (Cth) against the sum owing (the Judgment Debt) by Mr Hawes and Glenside Group Pty Ltd (Glenside) pursuant to order 3 of the orders made by Justice Brereton in these proceedings on 3 September 2013, being $534,187.23.

(2) Confirm the decision made by John Vouris as the liquidator of Hawden Property on 17 March 2016 to admit the proof of debt lodged by Glenside for $100,000.00 (the Glenside Debt) subject to set-off under s 553C(1) of the Corporations Act 2001 (Cth) against the Judgment Debt.

(3) Declare that the Hawes Estate and Glenside Group Pty Ltd (deregistered) are not entitled to receive any dividend in the liquidation of Hawden Property in relation to their respective proofs of debt adjudicated upon by Mr Vouris on 17 March 2016.

(4) Declare that Mark Roufeil (the liquidator) as liquidator of Hawden Property is entitled to apply the rule in Cherry v Boultbee as against the Hawes Estate, as the holder of 50 per cent of the issued share capital of Hawden Property, to share in the surplus available to contributories in the liquidation of Hawden Property.