Hancock v Conergy Pty Limited (in liquidation), in the matter of DCM Solar Pty Limited (in liquidation)

The applicant, DCM Solar Pty Limited (in liquidation), brought this proceeding against the respondent, Conergy Pty Limited (in liquidation), seeking to recover a sum of money as an unfair preference under the Corporations Act 2001 (Cth). The applicant sought leave to proceed against the respondent, who was in liquidation, and to recover a sum of $6,181,334.83, along with interest and costs. The applicant also sought leave to re-list the proceeding for further hearing on the question of granting declaratory relief.

The central legal issues that the court needed to address were whether the deed entered into by the parties and/or the payments made to give effect to the deed constituted unfair preferences under the Corporations Act 2001 (Cth). The court also needed to determine whether the applicant was entitled to leave to proceed against the respondent, who was in liquidation, and to recover the sum of money claimed.

The court found that the deed and the payments made to give effect to the deed constituted unfair preferences under the Corporations Act 2001 (Cth). The court further found that the applicant was entitled to leave to proceed against the respondent, who was in liquidation, and to recover the sum of money claimed. The court granted the applicant leave to approach the Associate to Yates J to re-list the proceeding for further hearing on the question of the granting of declaratory relief.

The court made several orders pursuant to the Corporations Act 2001 (Cth) and the Federal Court Rules 2011. The respondent was ordered to pay the applicant the sum of $6,181,334.83, along with interest from and including 2 September 2011 to and including 21 July 2015. The respondent was also ordered to pay the applicant’s costs, as taxed or agreed. Finally, the court granted the applicant leave to approach the Associate to Yates J to re-list the proceeding for further hearing on the question of the granting of declaratory relief, to be exercised by no later than 4.00 pm on 24 July 2015.