Hosking v Extend N Build Pty Ltd (No 2) [2020] NSWCA 107

Hosking v Extend N Build Pty Ltd (No 2) [2020] NSWCA 107

Judgment should be entered for Evolvebuilt Contracting Pty Ltd (in liq), as third appellant, against Kennico Interiors Pty Ltd, sixth respondent, in the sum of $91,978 for unfair preference payments pursuant to s 588FF(1)(a) of the Corporations Act 2001 (Cth), with the payment to be made to the company in liquidation, consistent with conventional orders, and procedural requirements relating to court constitution satisfied by reconstituting bench.

Parties
First Appellant: Hosking, in his capacity as joint and several liquidator of Evolvebuilt Contracting Pty Ltd (in liq); Second Appellant: Hurst, in his capacity as joint and several liquidator of Evolvebuilt Contracting Pty Ltd (in liq); Third Appellant: Evolvebuilt Contracting Pty Ltd (in liq); First Respondent: Extend N Build Pty Ltd; Second Respondent: Build Projects Pty Ltd; Third Respondent: Consek Pty Ltd; Fourth Respondent: Thehai Trinh; Fifth Respondent: Truthful Constructions Pty Ltd; Sixth Respondent: Kennico Interiors Pty Ltd
Jurisdiction
Australia
Judgment Date
09 June 2020
Procedural Posture
Appeal / Consequential Orders Following Appeal Judgment
Outcome
Judgment for the third appellant against the sixth respondent in the amount of $91,978.00.
Legal Topics
Unfair Preference Payments, Consequential Orders, Court Constitution
Corporations Law Insolvency Civil Procedure Unfair Preference Payments Consequential Orders Court Constitution

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Parties

Hosking, in his capacity as joint and several liquidator of Evolvebuilt Contracting Pty Ltd (in liq)

First Appellant

Hurst, in his capacity as joint and several liquidator of Evolvebuilt Contracting Pty Ltd (in liq)

Second Appellant

Evolvebuilt Contracting Pty Ltd (in liq)

Third Appellant

Extend N Build Pty Ltd

First Respondent

Build Projects Pty Ltd

Second Respondent

Consek Pty Ltd

Third Respondent

Thehai Trinh

Fourth Respondent

Truthful Constructions Pty Ltd

Fifth Respondent

Kennico Interiors Pty Ltd

Sixth Respondent

Procedural Posture

Appeal / Consequential Orders Following Appeal Judgment

Legal Issues

  1. 1 Appropriate form of consequential order relating to unfair preference payments under s 588FF(1)(a) of the Corporations Act 2001 (Cth)
  2. 2 Proper party to receive payment pursuant to s 588FF(1)(a)
  3. 3 Procedure for reconstituting Court when original bench member no longer available

Ratio Decidendi

Judgment should be entered for Evolvebuilt Contracting Pty Ltd (in liq), as third appellant, against Kennico Interiors Pty Ltd, sixth respondent, in the sum of $91,978 for unfair preference payments pursuant to s 588FF(1)(a) of the Corporations Act 2001 (Cth), with the payment to be made to the company in liquidation, consistent with conventional orders, and procedural requirements relating to court constitution satisfied by reconstituting bench.

Court Disposition

Judgment for the third appellant against the sixth respondent in the amount of $91,978.00.

Orders

  • Judgment for the third appellant against the sixth respondent in the amount of $91,978.00.