On an appeal under s 1321 of the Corporations Act 2001 (Cth) from a liquidator's rejection of a proof of debt, the onus lies on the creditor to prove the claim afresh, and a bare assertion of a District Court claim that was defended and subject to counterclaim is insufficient to discharge that onus. The question of whether the onus of proving mitigation of loss lies on the creditor or the liquidator in this context was left unresolved, with the majority not reaching the issue and Fryberg J in dissent holding it lay on the liquidators.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.