International Money Management Pty Limited (in liq) v Anderson

Judgment - ex tempore (revised)

1. These proceedings were commenced by a statement of claim filed on 5 October 2021 which pleads, amongst other things, that the plaintiff was placed into liquidation on 23 March 2021 and that Michael Gregory Jones was appointed as a liquidator. Given that Mr Jones has filed an affidavit in the proceedings I proceed on the basis that the commencement and conduct of the proceedings is with his consent.
2. The statement of claim further pleads that the books and records of the plaintiff demonstrated that, as of 30 June 2021, the defendant owed a total of $1,152,578.00 arising from a director's loan, and that he was called on to repay that loan within 14 days but has failed to do so.
3. Paragraph 2 of the defence did not admit the assertion (in paragraph 4 of the statement of claim) of a director's loan totalling $1,152,578.00, and pleaded that: 1. the financial statements of the plaintiff for the year ended 30 June 2021 had been prepared under the instructions of the liquidator; 2. the financial statements were not personally signed by the defendant; and 3. although the defendant had applied a "DocuSign" signature to the financial statements on or about 14 June 2021, he did so at a time when he believed that the financial statements were in draft and that in any event, the application of the DocuSign signature occurred after the winding up of the plaintiff had commenced, and thus at a time when the defendant had no authority to approve or sign the financial statements of the plaintiff.
4. Against that background, an amended notice of motion has been filed in the proceedings. The primary relief is sought in that motion is an order that pursuant to r 17.7 of the Uniform Civil Procedure Rules 2005 (NSW) (the rules), the Court enter judgment on the admissions of the plaintiff in a sum of $1,152,578.00. Alternative relief is sought in the form of an order for summary judgment pursuant to r 13.1 of the rules. Interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW) is also sought, along with orders for costs. In support of the motion, the plaintiff prepared a Court Book which was admitted without objection and marked as exhibit A on the hearing.