BANKRUPTCY AND INSOLVENCY – where company is in liquidation – where company’s liquidator has claims against first defendant in relation to voidable transactions – where the liquidator has assigned claims against the defendants to the plaintiff creditor – whether liquidator can assign statutory causes of action under s 588FF of the Corporations Act 2001 pursuant to s 100-5 of the Insolvency Practice Schedule (Corporations) – orders made for payment of judgment sum to the assignee, pursuant to deed of assignment
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(c) of the Federal Court Rules 2011 – where first defendant has not filed a notice of appearance – where first defendant has not filed a defence – where first defendant has not appeared at hearing – plaintiff entitled to relief against first defendant for sum pursuant to s 588FF(1) of the Corporations Act 2001 in relation to voidable transactions – relief granted
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0795
For more information, see the original judgement.
