Burness, In the matter of Research Investments Pty Ltd (ACN 089 605 863) (In Liq) [2009] FCA 1041

Burness, In the matter of Research Investments Pty Ltd (ACN 089 605 863) (In Liq) [2009] FCA 1041

There was no evidence to support a finding that Research Investments Pty Ltd was indebted to Mr Lymberatos in the claimed sum or any sum as at 30 June 2003 or at the date of winding up; Plaintiffs failed to discharge the burden of proving the existence and enforceability of the alleged debt.

Jurisdiction
Australia
Judgment Date
16 September 2009
Procedural Posture
Appeal / Judgment
Outcome
application dismissed
Legal Topics
['proof of Debt' "liquidator's Rejection" 'appeal Under S 1321 Corporations Act' 'bankruptcy' 'shareholder Loan']
['corporations Law' 'insolvency'] ['proof of Debt' "liquidator's Rejection" 'appeal Under S 1321 Corporations Act' 'bankruptcy' 'shareholder Loan']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Was the company indebted to Mr Lymberatos in June 2003?' 'Was the company indebted to Mr Lymberatos as at the date of winding up?']

Ratio Decidendi

There was no evidence to support a finding that Research Investments Pty Ltd was indebted to Mr Lymberatos in the claimed sum or any sum as at 30 June 2003 or at the date of winding up; Plaintiffs failed to discharge the burden of proving the existence and enforceability of the alleged debt.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.' "The Plaintiffs pay the Defendant's costs of and incidental to the application, such costs to be taxed in default of agreement."]