Federal Court of Australia
JUDGMENT NO. oan2.2 Sond
CATCHWORDS
CORPORATIONS - Winding up - preference - recovery by liquidator from payee creditor - whether company unable to pay its debts as they became due from its own money - notion of debts "commercially due" - whether payments "in good faith" and "in the ordinary course of business".
BANKRUPTCY - preference - "unable to pay his debts as they become due from his own money" - notion of debts "commercially
due" - whether payments "in good faith" and "in the ordinary course of business".
Corporations Law s. 565
Bankruptcy Act 1966 s. 122
Robertson v Grigg (1932) 47 CLR 257
Downs Distribution Company Pty Ltd v Associated Blue Star Stores Pty Ltd (in lig.) (1949) 76 CLR 463.
Taylor v White (1964) 110 CLR 129
Taylor v ANZ Banking Group (1988) 13 ACLR 780.
GREGORY WINFIELD HALL & Anor v PRESS PLUMBING A_ DIVISION OF AUST-AMEC PTY LTD
No. NG3244 of 1993
Lindgren J 20 September 1994 Sydney
RECEIVF 1)
21 SEP 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
ee ee
No.G3244 of 1993
IN THE MATTER OF: NEETA HOMES PTY LIMITED (IN LIQUIDATION) (ACN 000 674 466)
AND SECTION 565 OF THE CORPORATIONS LAW
GREGORY WINFIELD HALL in his capacity as Liquidator of Neeta Homes Pty Limited (In Liquidation) (ACN 000 674 466) First Applicant
NEETA HOMES PTY LIMITED (In Liquidation) (ACN 000 674 466) Second Applicant
PRESS PLUMBING, A DIVISION OF AUST-AMEC PTY LIMITED (ACN 003
066 715) Respondent CORAM: LINDGREN J PLACE: SYDNEY DATE: 20 SEPTEMBER 1994 M IRDER
THE_COURT
1. DECLARES that the payments referred to in the schedule below are void as against the first applicant.
2. ORDERS that the respondent pay to the first applicant the sum of $222,000.
ge! shy ORDERS that the respondent pay the applicants' costs of
'f+ vthe: 'proceeding to date.
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