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Williams (as liquidator of Scholz Motor Group P/L (in liq)) v Scholz & Anor
Shortened Case Name:
Williams v Scholz
MNC:
[2008] QCA 94
Court:
QCA
Judge(s):
Keane JA, Muir JA, Mackenzie AJA
Date:
18 Apr 2008
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QSC 266
04 Oct 2007
Trial of claim for contravention of s 588G and consequent orders under s 588M Corps Act; finding of insolvency at all times from 1 July 2005; s 588M does not apply to the debt which the defendants have released and the plaintiff may not recover an equivalent amount from the defendants pursuant to that section; judgment for the plaintiff: Chesterman J.
Appeal Determined (QCA)
[2008] QCA 94
18 Apr 2008
Appeal dismissed with costs on the indemnity basis; appeal against trial judgment awarding judgment for claim under s 588M(2) Corps Act for incurring unsecured debts while the company was insolvent and there were grounds to suspect so; no reason to doubt the primary judge’s findings on insolvency: Keane and Muir JJA and Mackenzie AJA.
Appeal Status
Appeal Determined (QCA)
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