Weston in his capacity as liquidator of Starcom Group Pty Ltd (in liq) v Rajan [2019] FCA 1455

Weston in his capacity as liquidator of Starcom Group Pty Ltd (in liq) v Rajan [2019] FCA 1455

The referee’s report is adopted in whole as the defendants have not identified any error of law or principle in the referee's thorough and analytical assessment of the company’s solvency during the relevant period; the Court is satisfied the approach to the question was appropriate and the correct legal tests for insolvency were applied.

Parties
First Plaintiff: Paul Gerard Weston in his capacity as liquidator of Starcom Group Pty Ltd (in liquidation) ACN 002 053 545; Second Plaintiff: Starcom Group Pty Ltd (in liquidation) ACN 002 053 545; Second Defendant: Jega Muttucumaru Rajan; Third Defendant: Mariapillai Pathmanaban
Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Corporations and Corporate Insolvency / Application to Adopt Referee's Report
Outcome
Referee's report adopted; costs reserved
Legal Topics
Adoption of Referee's Report, Solvency of Company, Insolvent Trading
Practice and Procedure Corporations Law Adoption of Referee's Report Solvency of Company Insolvent Trading

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Parties

Paul Gerard Weston in his capacity as liquidator of Starcom Group Pty Ltd (in liquidation) ACN 002 053 545

First Plaintiff

Starcom Group Pty Ltd (in liquidation) ACN 002 053 545

Second Plaintiff

Jega Muttucumaru Rajan

Second Defendant

Mariapillai Pathmanaban

Third Defendant

Procedural Posture

Corporations and Corporate Insolvency / Application to Adopt Referee's Report

Legal Issues

  1. 1 Whether the referee's report on Starcom Group Pty Ltd's solvency between 1 October 2009 and 1 August 2011 should be adopted
  2. 2 Whether the referee made material errors in methodology or reasoning

Ratio Decidendi

The referee’s report is adopted in whole as the defendants have not identified any error of law or principle in the referee's thorough and analytical assessment of the company’s solvency during the relevant period; the Court is satisfied the approach to the question was appropriate and the correct legal tests for insolvency were applied.

Court Disposition

Referee's report adopted; costs reserved

Orders

  • The Referee’s Opinion and Report of Inquiry by Mark Roufeil dated 5 July 2019 is adopted in whole.
  • The costs arising from the defendants' opposition to the adoption of the referee's report are reserved, but in the event that no order is subsequently made in relation to these costs, they are to be costs in the cause of the principal proceeding.