Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Roufeil v Gliderol International Pty Limited [2011] FCA 847 Citation: Roufeil v Gliderol International Pty Limited [2011] FCA 847
Parties: MARK DAMIAN CHARLES ROUFEIL (IN HIS CAPACITY AS LIQUIDATOR OF AUSTECH GARAGE DOOR CENTRE PTY LIMITED (IN LIQ)) and AUSTECH GARAGE DOOR CENTRE PTY LIMITED ACN 072 163 127 v GLIDEROL INTERNATIONAL PTY LIMITED ACN 007 928 949
File number(s): NSD 1111 of 2010
Judge: JAGOT J
Date of judgment: 29 July 2011
Catchwords: CORPORATIONS – voidable transactions – whether certain payments were voidable transactions within the meaning of s 588FE(2) of the Corporations Act 2001 (Cth) – whether payments were "unfair preferences" given by company to creditor – whether payments were made while company was insolvent – whether company presumed to be insolvent by virtue of s 588E of the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) ss 9, 95A, 459C, 459P, 588E, 588FA, 588FC, 588FE, 588FF, 588FG
Cases cited: Cook's Construction Pty Ltd v Brown (2004) 49 ACSR 62; [2004] NSWCA 105 Southern Cross Interiors Pty Ltd (in liq) v Deputy Commissioner of Taxation (2001) 53 NSWLR 213
Date of hearing: 11 July 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Solicitor for the Plaintiffs: Mr B Lum of de Mestre & Company
Counsel for the Defendant: Mr S Reuben
Solicitor for the Defendant: Pitcher Walton Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1111 of 2010
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