Barnden (Liquidator), in the matter of Masonry Works Pty Limited (in liquidation) [2020] FCA 575

Barnden (Liquidator), in the matter of Masonry Works Pty Limited (in liquidation) [2020] FCA 575

The court accepted the liquidator's conclusion, based on investigations and reconciliation of accounts, that $505,942.77 is the provable amount, and that judicial advice is appropriate to protect the liquidator given the incomplete and conflicting records.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Application by Liquidator for Directions / Determination on the Papers
Outcome
Application granted
Legal Topics
['proof of Debt' "liquidator's Powers and Duties" 'judicial Advice to Liquidator']
['insolvency' 'corporations Law'] ['proof of Debt' "liquidator's Powers and Duties" 'judicial Advice to Liquidator']

Case Brief

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Procedural Posture

Application by Liquidator for Directions / Determination on the Papers

Legal Issues

  1. 1 ['Whether the liquidator is justified in admitting to proof in the liquidation of Masonry Works Pty Limited a claim by Masonry Profiles Pty Limited in the amount of $505,942.77']

Ratio Decidendi

The court accepted the liquidator's conclusion, based on investigations and reconciliation of accounts, that $505,942.77 is the provable amount, and that judicial advice is appropriate to protect the liquidator given the incomplete and conflicting records.

Court Disposition

Application granted

Orders

  • ['The liquidator is justified in admitting to proof in the liquidation of Masonry Works Pty Limited the claim by Masonry Profiles Pty Limited in the amount of $505,942.77.' "The applicant's costs of the application are to be paid from the assets of the company."]