To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Application by liquidator for order under s.588F Corporations Act that defendant repay amount; defendant did receive unfair preference; a reasonable person in the respondent's circumstances would have had no reasonable grounds for suspecting that the company was insolvent: application dismissed
Respondent did receive an unfair preference; claim to trust money fails as payment made into overdrawn account; primary judge erred in finding a reasonable person on respondent's circumstances would have no reasonable ground of suspecting company was insolvent; primary judge erred in refusing appellant's claim; appeal allowed: McMurdo P, Muir JA and Fraser JA.
Appeal Determined (QCA)
[2009] QCA 228
07 Aug 2009
No reason to depart from ordinary costs follow event rule; application dismissed: McMurdo P, Muir and Fraser JJA
Appeal Status
Appeal Determined (QCA)
Please select (using the checkboxes) which search results you would like to add to a list.
