Project Noah Holdings Pty Ltd (in liq) v Jacka [2022] FCA 778

Project Noah Holdings Pty Ltd (in liq) v Jacka [2022] FCA 778

The defendants were properly served with the proceedings, failed to file a defence or appear, and the plaintiffs established entitlement to recover sums for debts, insolvent trading, uncommercial transactions, and unreasonable director-related transactions. Default judgment should be entered unless the defendants apply to contest it within the specified period.

Parties
First Plaintiff: Project Noah Holdings Pty Ltd (in liquidation) ACN 624 277 149; Second Plaintiff: Christopher John Baskerville (liquidator); First Defendant: Shaun Jacka; Second Defendant: Fremantle Gourmet Pty Ltd ACN 169 451 923; Third Defendant: Grumpy Farmer New Zealand Ltd Company Number 640 3992; Fourth Defendant: Christine Jacka
Jurisdiction
Australia
Judgment Date
14 April 2022
Procedural Posture
Civil / Application for Judgment in Default of Pleading
Outcome
Default judgments to be entered against the defendants unless they file application by the specified deadline. Costs awarded to plaintiffs.
Legal Topics
Insolvent Trading, Uncommercial Transactions, Unreasonable Director Related Transactions, Default Judgment
Insolvency Corporations Law Insolvent Trading Uncommercial Transactions Unreasonable Director Related Transactions Default Judgment

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Parties

Project Noah Holdings Pty Ltd (in liquidation) ACN 624 277 149

First Plaintiff

Christopher John Baskerville (liquidator)

Second Plaintiff

Shaun Jacka

First Defendant

Fremantle Gourmet Pty Ltd ACN 169 451 923

Second Defendant

Grumpy Farmer New Zealand Ltd Company Number 640 3992

Third Defendant

Christine Jacka

Fourth Defendant

Procedural Posture

Civil / Application for Judgment in Default of Pleading

Legal Issues

  1. 1 Whether the defendants are liable to repay amounts to Project Noah Holdings Pty Ltd based on claims of insolvent trading, uncommercial transactions, and unreasonable director-related transactions under the Corporations Act 2001 (Cth)
  2. 2 Whether default judgment should be entered due to failure to plead or appear

Ratio Decidendi

The defendants were properly served with the proceedings, failed to file a defence or appear, and the plaintiffs established entitlement to recover sums for debts, insolvent trading, uncommercial transactions, and unreasonable director-related transactions. Default judgment should be entered unless the defendants apply to contest it within the specified period.

Court Disposition

Default judgments to be entered against the defendants unless they file application by the specified deadline. Costs awarded to plaintiffs.

Orders

  • Defendants have leave to apply by 4.00pm on 5 May 2022 to oppose judgment.
  • If no application filed, plaintiffs have judgment for specified sums against each defendant for debts, insolvent trading, uncommercial and unreasonable director-related transactions.