Andrew O’Brien appeared for the applicant, instructed by Colin Biggers & Paisley Lawyers.
The judgment concerned a debt sale agreement and subsequent proceedings brought by the plaintiff against the defendant seeking money due to debts or by way of restitution or an account. The defendant applied to strike out the claim pursuant to Rule 16 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) and in the alternative, to strike out the statement of claim pursuant to Rule 171 of the UCPR.
The primary issues considered were whether a deed of company arrangement (DOCA) executed after the defendant entered administration on 11 August 2021, extinguished the plaintiff’s claims of debt, and whether the Court then retained jurisdiction to entertain the claims.
The Court held, pursuant to ss 444D, and 444H of the Corporations Act 2001 (Cth), that amounts claimed by the plaintiff for debts paid to the defendant before 11 August 2021 were released by the DOCA, but claims for amounts received after were not released.
The Court dismissed the applicant/defendant’s application to strike out the claim and gave leave to the respondent/plaintiff to file and serve an amended statement of claim. The Court reserved its decision on costs, pending submissions.
The judgment can be read by clicking here
