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TAG: unfair preferences
Why are unfair preferences so difficult? CPD Breakfast- 29 November, 7.30a.m, National Wine Centre, Adelaide
Unfair preferences feature in many insolvencies. Whilst liquidators will often have difficulty in recovering them, creditors may have difficulty in defending them. Shortly before liquidation a company is likely to pay some debts and the task of the law is to determine which of these payments can be set aside as a preference. This seminar […]
Wither the fruits of preference claims?
Cook v Italiano Family Fruit Company Pty Ltd. (In Liq), 6/12/10, Melbourne, FCA http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2010/1355.html?stem=0&synonyms=0&query=italiano Do preference recoveries by a liquidator belong to unsecured creditors, or do they fall under a bank’s charge over present and future property? Under s561, statutory priorities should only be paid out of floating charge realisations ‘so far as the property […]