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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)
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