BANKRUPTCY AND INSOLVENCY - indebtedness of company in liquidation - rejection of proof of debt forms by company liquidator - burden of proving the asserted indebtedness - consequences of lodging proof of debt form with administrators rather than liquidators - whether the creditor acts in a way towards the liquidator which in effect puts forward the document as a proof of debt intended to be assessed by the liquidator - relevance of the creditors' subjective intent
BANKRUPTCY AND INSOLVENCY - indebtedness of company in liquidation - rejection of proof of debt forms by company liquidator - power of the liquidator pursuant to reg 5.6.47 of the Corporations Regulations 2001 (Cth) to reject a debt or claim without requiring that a formal proof of debt be lodged - whether the liquidators satisfied the requirements of reg 5.6.47 - whether the liquidators rejected the plaintiffs' proofs of debt without requiring that a formal proof of debt be lodged based on the facts of the case
BANKRUPTCY AND INSOLVENCY - indebtedness of company in liquidation - rejection of proof of debt forms by company liquidator - entitlement of plaintiffs to appeal against the rejection of the proofs of debt as formal proofs of debt - whether the claim sought to be proven is a true liability of the company enforceable against it according to law - claimant bears the onus of demonstrating that the liquidator was wrong in rejecting the proof of debt on the basis of admissible evidence in a hearing de novo - consideration of claims of indebtedness by company to husband and wife directors and shareholder
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