› application for summary judgment in respect of insolvent trading claim under Corporations Act 2001 (Cth), ss 588G(2) and 588M
› Uniform Civil Procedure Rules 2005 (NSW), r 13.1
› principles applicable to summary judgment application
› whether plaintiffs’ claims will ultimately succeed
› where the defendant has not filed a notice of appearance, has not appeared and has not filed any defence or evidence
› whether defendant has no defence to insolvent trading claims.
Corporations
› insolvent trading
› director’s liability
› whether the company was insolvent when the debts were incurred
› whether reasonable grounds for suspecting insolvency
› whether a reasonable person in the director’s position would have been aware at that time that there were grounds for suspecting that the company was insolvent.
Case Details
Citation[2021] NSWSC 1658
CourtNSWSC
JurisdictionNew South Wales
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