In the case involving Alora Davies Developments 104 Pty Ltd, a company in liquidation, the plaintiff liquidator established a ‘de facto’ director claim enabling the liquidator to pursue recovery for an insolvent trading claim and other voidable transactions. The decision highlights the necessity of appropriate evidence being cited by liquidators to ensure that de facto claims are established, including using the investigative powers available to liquidators to obtain the necessary evidence.
Alora was in the business of property development and was incorporated for the sole purpose of acquiring and developing land, a business venture which ultimately failed and did not proceed. Many of the factual matters were uncontested at the…
