The Court found the defendant director liable for insolvent trading under s 588G(2) of the Corporations Act where the company failed to keep adequate financial records under s 286, enlivening the presumption of insolvency under s 588E(4), and where actual insolvency under s 95A was independently established from at least 17 September 2018 through multiple Plymin indicia including escalating unpaid ATO debts, a judgment debt, dishonoured cheques, and lack of access to alternative finance. On the question of pre-judgment interest under s 58 of the Supreme Court Act 1986 (Vic), the Court held that a significant and unexplained delay of almost four years between the first letter of demand and commencement of proceedings constituted 'good cause' to reduce the interest period, awarding interest from the date of the second letter of demand rather than the first.
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