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Williams v Scholz[2008] QCA 94

CITATION: Williams v Scholz [2008] QCA 94
JUDGE(S): Keane JA, Muir JA, Mackenzie AJA
DELIVERED ON: 18 April 2008
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Editorial Notes

  • Published Case Name:

    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

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 26604 Oct 2007Trial 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 9418 Apr 2008Appeal 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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