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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 […]
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Why are Unfair Preferences so difficult?
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 […]
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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 […]
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