Koch (Liquidator), in the matter of JC Nominees Pty Ltd (in liquidation) v Trim [2020] FCA 1637

Koch (Liquidator), in the matter of JC Nominees Pty Ltd (in liquidation) v Trim [2020] FCA 1637

The applicants were entitled to elect to seek summary judgment for the outstanding balance under the Deed ($47,350), as the grace period had ended and the relevant instalments were unpaid; summary judgment was granted accordingly.

Parties
First Applicant: Tarquin Koch as Liquidator of JC Nominees Pty Ltd (in liquidation) ACN 007 789 488; Second Applicant: JC Nominees Pty Ltd (in liquidation) ACN 007 789 488; First Respondent: Matthew Darren Trim; Second Respondent: Elizabeth Margaret Trim; Third Respondent: Trims Properties Pty Ltd ACN 007 740 561
Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Corporations and Corporate Insolvency / Summary Judgment
Outcome
Summary judgment granted in favour of applicants for $47,350 against first and second respondents; costs awarded; originating application otherwise dismissed.
Legal Topics
Summary Judgment, Deed of Settlement, Directors' Duties, Fiduciary Duty, Failure to Pay Settlement Sum
Corporations Law Insolvency Law Summary Judgment Deed of Settlement Directors' Duties Fiduciary Duty Failure to Pay Settlement Sum

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Parties

Tarquin Koch as Liquidator of JC Nominees Pty Ltd (in liquidation) ACN 007 789 488

First Applicant

JC Nominees Pty Ltd (in liquidation) ACN 007 789 488

Second Applicant

Matthew Darren Trim

First Respondent

Elizabeth Margaret Trim

Second Respondent

Trims Properties Pty Ltd ACN 007 740 561

Third Respondent

Procedural Posture

Corporations and Corporate Insolvency / Summary Judgment

Legal Issues

  1. 1 Whether summary judgment should be granted for the balance owing under the Deed of Settlement
  2. 2 Effect of clause 2.6 of the Deed in relation to right to elect summary judgment or proceed with substantive claim
  3. 3 Whether the applicants were entitled to bring the application prior to expiry of any grace period

Ratio Decidendi

The applicants were entitled to elect to seek summary judgment for the outstanding balance under the Deed ($47,350), as the grace period had ended and the relevant instalments were unpaid; summary judgment was granted accordingly.

Court Disposition

Summary judgment granted in favour of applicants for $47,350 against first and second respondents; costs awarded; originating application otherwise dismissed.

Orders

  • Applicants permitted to make oral application for summary judgment against second and third respondents in the sum of $47,350.
  • Applicants excused from filing amended statement of claim.