Queensland Quarry Group Pty Ltd (In Liquidation) v Cosgrove
[2019] QDC 26
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Queensland Quarry Group Pty Ltd (In Liquidation) v Cosgrove [2019] QDC 26
JUDGE(S):
Rosengren DCJ
DELIVERED ON:
13 March 2019
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Editorial Notes
Published Case Name:
Queensland Quarry Group Pty Ltd (In Liquidation) & Anor v Cosgrove
Shortened Case Name:
Queensland Quarry Group Pty Ltd (In Liquidation) v Cosgrove
MNC:
[2019] QDC 26
Court:
QDC
Judge(s):
Rosengren DCJ
Date:
13 Mar 2019
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2019] QDC 26
13 Mar 2019
Second plaintiff's claim to recover four separate payments totalling $361,250 paid the first plaintiff to the defendant as an unfair preference pursuant to s 588FA of the Corporations Act 2001 (Cth) (the Act); or as an insolvent transaction pursuant to s 588FC of the Act; or as a voidable transaction pursuant to s 588FFE of the Act; claim dismissed: Rosengren DCJ.
Appeal Determined (QCA)
[2019] QCA 220
18 Oct 2019
Application for leave to appeal granted; appeal allowed; orders made 13 March 2019 set aside; in lieu thereof it is ordered that pursuant to s 588FF(1)(a), or alternatively s 588FF(1)(c) the respondent pay $95,000 to Queensland Quarry Group Pty Ltd ACN 160 549 388 (In Liquidation), plus interest: Morrison and Philippides JJA and Flanagan J.
Appeal Status
Appeal Determined (QCA)
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