Somerset Ryckmans acted for a Defendant who sought to have a claim (by a liquidator) struck out pursuant to r 16.21 (1) of the Federal Court Rules 2011 (Cth).
The claims which were advanced by the liquidator were insolvent trading claims against our client under s 588G of the Corporations Act 2001 (Cth) . The Liquidator had sought to rely on a presumption of insolvency pursuant to s 588E(4) of the Corporations Act by reason of a failure to keep records and in the alternative actual insolvency pursuant to s 95A of the Corporations Act.
The firm was successful in having the liquidator’s statement of claim struck out as well as obtaining an order for the liquidator to pay the costs of our client from the commencement of the proceedings to 18 January 2023.
Link to the judgment is here:
Copeland in his capacity as liquidator of Skyworkers Pty Limited (in Liquidation) v Murace [2023] FCA 14
Links to articles on the case are found here: