Quick, William Gary v Stoland Pty Ltd [1998] FCA 1200

Quick, William Gary v Stoland Pty Ltd [1998] FCA 1200

The appeal should be allowed because the respondent was only entitled to recover the debts incurred after 31 January 1993; the respondent was entitled to bring the s 588M claim by amendment with liquidator's consent; Mr Madden's expert report was admissible under the Evidence Act 1995 (Cth); the orders of 18 December 1997 should be set aside and new orders reflect the proper amount recoverable.

Jurisdiction
Australia
Judgment Date
25 September 1998
Procedural Posture
Civil Appeal / Appeal From Judgment of the Federal Court of Australia
Outcome
appeal allowed
Legal Topics
['insolvent Trading' 'admissibility of Expert Evidence' 'director Liability' 'business Records Exception to Hearsay' 'meaning of Proceedings']
['corporations Law' 'evidence'] ['insolvent Trading' 'admissibility of Expert Evidence' 'director Liability' 'business Records Exception to Hearsay' 'meaning of Proceedings']

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Procedural Posture

Civil Appeal / Appeal From Judgment of the Federal Court of Australia

Legal Issues

  1. 1 ['Admissibility of expert report under Evidence Act 1995 (Cth)' 'Whether expert opinion must disclose and prove factual basis' 'Solvency as fact or opinion' 'Director liability for insolvent trading' 'Whether respondent entitled to recover debts under s 588M' 'Consent of liquidator under s 588R(1) to proceedings']

Ratio Decidendi

The appeal should be allowed because the respondent was only entitled to recover the debts incurred after 31 January 1993; the respondent was entitled to bring the s 588M claim by amendment with liquidator's consent; Mr Madden's expert report was admissible under the Evidence Act 1995 (Cth); the orders of 18 December 1997 should be set aside and new orders reflect the proper amount recoverable.

Court Disposition

appeal allowed

Orders

  • ['Appeal allowed.' 'Respondent to bring in short minutes of order reflecting the judgment within seven days.' "Each party has liberty to apply on three days' written notice."]